On Aug. 29, a federal appeals court ruled that the majority of President Donald Trump’s tariffs are illegal.
The court voted 7-4 to allow the tariffs to remain in place through Oct. 14, giving the Trump administration time to file an appeal with the US Supreme Court, according to Fox News.
This is the same court of appeals that lifted the block issued by the Court of International Trade (CIT) earlier this year. Trump argued that International Emergency Economic Powers Act (IEEPA) of 1977 granted him the authority to impose tariffs.
“We affirm the CIT’s holding that the Trafficking and Reciprocal Tariffs imposed by the Challenged Executive Orders exceed the authority delegated to the President by IEEPA’s text,” reads the opinion from the Washington, DC-based US Court of Appeals for the Federal Circuit states. “We also affirm the CIT’s grant of declaratory relief that the orders are invalid as contrary to law.”
Trump responded to the ruling in a Truth Social post.
“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,” said Trump. “If these Tariffs ever went away, it would be a total disaster for the Country. It would make us financially weak, and we have to be strong. The U.S.A. will no longer tolerate enormous Trade Deficits and unfair Tariffs and Non Tariff Trade Barriers imposed by other Countries, friend or foe, that undermine our Manufacturers, Farmers, and everyone else. If allowed to stand, this Decision would literally destroy the United States of America. At the start of this Labor Day weekend, we should all remember that TARIFFS are the best tool to help our Workers, and support Companies that produce great MADE IN AMERICA products. For many years, Tariffs were allowed to be used against us by our uncaring and unwise Politicians. Now, with the help of the United States Supreme Court, we will use them to the benefit of our Nation, and Make America Rich, Strong, and Powerful Again! Thank you for your attention to this matter.”
Some tariffs, such as tariffs on the automotive industry, will not be impacted, as they were implemented under a different law.
“The Federal Circuit’s ruling in V.O.S. Selections v. Trump is a win for the rule of law and for economic stability,” Jeanette Doran, senior counsel for the John Locke Foundation, told the Carolina Journal. “At issue was whether the president could use emergency powers to impose sweeping tariffs without Congress’s approval. The court gave the correct answer: no.”
According to Doran, Congress — not the president — has the authority to regulate commerce and impose taxes under the Constitution. The International Emergency Economic Powers Act (IEEPA) was never intended to grant presidents sweeping tariff powers. Its purpose was to authorize targeted sanctions in response to defined national security threats. By invoking IEEPA to justify broad tariffs, the administration stretched the law far beyond its original scope, Doran said.
“The appeals court safeguarded both our constitutional order and the economic stability that families, workers, and businesses rely on every day,” concluded Doran. “That is a standard worth defending.”
On September 3, Trump appealed the ruling to the US Supreme Court.
Note: This article has been updated.
