Economy February 3, 2026

USTR Says High Court Is Moving Deliberately in Challenge to Trump-Era Tariffs

Trade representative points to large tariff revenues and complex stakes as Supreme Court weighs legality

By Nina Shah
USTR Says High Court Is Moving Deliberately in Challenge to Trump-Era Tariffs

U.S. Trade Representative Jamieson Greer told CNBC that the Supreme Court is proceeding cautiously in a case testing the lawfulness of President Donald Trump’s broad tariffs. Greer cited substantial revenues collected under the tariffs, said plaintiffs do not have an "open and shut case," and described the matter as involving an "extreme national interest."

Key Points

  • USTR Jamieson Greer says the Supreme Court is deliberate in ruling on the tariff legality case.
  • Greer noted that the tariffs have generated large revenues and described the plaintiffs’ claim as not "an open and shut case."
  • Greer framed the matter as affecting a new trade order and as involving an "extreme national interest." - Sectors impacted: trade policy and government revenue considerations.

WASHINGTON, Feb 3 - The Supreme Court is taking a deliberate approach before issuing a decision in litigation that questions the legality of President Donald Trump’s extensive tariff program, U.S. Trade Representative Jamieson Greer said on Tuesday.

Speaking with CNBC, Greer was asked why the court had not yet handed down a ruling in the high-profile case. He responded that sizeable revenues have been collected under the tariffs and that the plaintiffs’ claim is far from "an open and shut case."

"We’ve built a new trade order on the back of these tariffs," Greer said, highlighting the structural role he attributes to the measures. He added, "So the stakes are enormous, and I think the court ... is being very careful and considerate as to how they deal with this issue of extreme national interest."

Greer’s comments framed the pause by the court as a function of the case’s complexity and the broad implications he says hinge on the outcome. By pointing to the significant revenue collected under the contested tariffs, he emphasized the fiscal dimension of the dispute. Greer also characterized the legal contest as contested on its merits, saying plaintiffs do not present a straightforward victory.

The USTR’s remarks underscore the contested nature of the tariffs and the careful judicial scrutiny the case is receiving at the nation’s highest court. Greer portrayed the litigation as involving questions that reach beyond narrow legal points, describing them in terms of national interest and systemic change to trade arrangements.


Summary

U.S. Trade Representative Jamieson Greer told CNBC that the Supreme Court is moving cautiously in a case challenging the legality of President Donald Trump’s tariffs. He noted that large revenues have been collected under the tariffs, that plaintiffs do not have an "open and shut case," and that the court appears mindful of the "extreme national interest" implicated by the dispute.

Risks

  • Prolonged legal uncertainty as the Supreme Court takes time to issue a ruling - this could affect stakeholders dependent on ongoing tariff policy.
  • The plaintiffs’ case appears contested rather than clearly decisive, leaving the final legal outcome uncertain.
  • Significant revenues already collected under the tariffs mean any judicial decision could have fiscal and policy ramifications tied to trade enforcement and revenue flows.

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