U.S. Appeals Court Rules Most Trump Tariffs Illegal, Case Heads Toward Supreme Court Showdown
by Emmitt Barry, with reporting from Washington D.C. Bureau Staff
(Worthy News) – A federal appeals court has struck down most of President Donald Trump’s sweeping tariffs, ruling that he exceeded his authority under emergency powers law, but allowed the duties to remain in place temporarily while the administration seeks review by the Supreme Court.
In a 7-4 decision issued Aug. 29, the U.S. Court of Appeals for the Federal Circuit said Trump unlawfully invoked the 1977 International Emergency Economic Powers Act (IEEPA) to impose nation-by-nation tariffs, calling the move inconsistent with the law’s text and congressional intent.
“The statute bestows significant authority on the President to undertake a number of actions in response to a declared national emergency, but none of these actions explicitly include the power to impose tariffs, duties, or the like, or the power to tax,” the majority wrote. The judges added that it seemed “unlikely that Congress intended, in enacting IEEPA, to depart from its past practice and grant the President unlimited authority to impose tariffs.”
The ruling, which stemmed from a lawsuit by import-dependent businesses, will not take effect until Oct. 14. That gives the Justice Department, led by Attorney General Pam Bondi, time to appeal to the Supreme Court. Bondi said the administration would do so, blasting the decision as “interfering with the President’s vital and constitutionally central role in foreign policy.”
Trump, who has made tariffs a centerpiece of his economic strategy, reacted defiantly on Truth Social: “ALL TARIFFS ARE STILL IN EFFECT. Today a Highly Partisan Appeals Court incorrectly said that our Tariffs should be removed, but they know the United States of America will win in the end.” He warned that removing the tariffs would “literally destroy the United States of America,” comparing the possible outcome to the Great Depression.
White House trade adviser Peter Navarro echoed that view on Fox News, calling the decision “weaponized partisan injustice at its worst” but insisting the strong dissent in the case offered “a very clear road map” for the Supreme Court to uphold the president’s authority.
The tariffs at issue include Trump’s “reciprocal” import taxes unveiled in April, which targeted dozens of countries, including China, Canada, and Mexico. Trump argued the measures were needed to address decades-long trade deficits, protect U.S. manufacturing, and combat threats ranging from drug trafficking to illegal immigration.
The ruling does not affect sector-specific tariffs Trump imposed under other laws, such as duties on steel and aluminum imports. But if ultimately upheld, the decision would curtail his ability to use emergency powers to unilaterally reset global trade policy — a hallmark of his second-term agenda.
With the case now heading toward the Supreme Court, the outcome could have major implications not only for Trump’s trade strategy but also for the scope of presidential emergency powers.
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