A US appeals court has ruled that most tariffs issued by US President Donald Trump are illegal, setting up a potential legal showdown that could disrupt his foreign policy agenda. This decision affects Trump’s "reciprocal" tariffs imposed on numerous countries, as well as additional tariffs on China, Mexico, and Canada.

 

In a significant 7-4 decision, the US Court of Appeals for the Federal Circuit determined these tariffs as "invalid as contrary to law." They rejected Trump’s reliance on the International Emergency Economic Powers Act (IEEPA), emphasizing that imposing tariffs is a "core Congressional power."

 

The court’s ruling will take effect on October 14, providing time for an appeal to the Supreme Court. Trump voiced strong criticism of the decision on Truth Social, warning that removing tariffs could severely weaken the US economy, describing such an action as disastrous.

 

The court's detailed 127-page judgment noted that the IEEPA does not mention tariffs, nor does it grant the president authority to impose them. This authority remains with Congress. The ruling originated from lawsuits by small businesses and US states after Trump's April executive orders imposed a 10% baseline tariff globally and additional reciprocal tariffs. Trump had declared that date as America’s "liberation day" from unfair trade practices. In May, the Court of International Trade had earlier ruled these tariffs unlawful, a decision that was temporarily paused during the appeals process.

 

Furthermore, Friday’s decision nullified tariffs on Canada, Mexico, and China, even though tariffs on steel and aluminium remain, having been enacted under different presidential authority. The administration had argued that removing these tariffs could lead to destabilization akin to the 1929 depression due to potential impacts on national security and economic stability.

 

The White House presented these tariffs as necessary to correct a trade imbalance perceived as harmful to US national security. However, the court concluded that imposing tariffs was beyond the President’s mandate, reaffirming that Congress holds this power according to established constitutional practices.

 

The ruling also raises significant questions about agreements some countries made with the US for reduced tariff rates. It’s expected that the case is heading to the Supreme Court, which has recently demonstrated caution over presidential policies lacking direct congressional support.

 

With nine justices, including six appointed by Republicans and three by Trump, the Supreme Court will ultimately decide if Trump's tariff programme constitutes overreach by the presidency. This case could establish important legal precedents regarding executive authority in trade matters.

 

This decision reflects the court’s recent trend of scrutinizing expansive policy implementations that are enacted without explicit Congressional authorization, citing the "major questions doctrine."

 

As this complex legal battle unfolds, the potential Supreme Court decision will redefine the balance of power between the presidency and Congress, particularly concerning economic and trade policies. The outcome will shape America’s trade strategy and future executive authority in economic measures, determining the extent of presidential power.

 

 

 

  Adapted by ASEAN Now from BBC 2025-08-30

 

Pretty impressive that Fox (at this moment) has this headline on their website:

Federal court delivers devastating blow to Trump's trade policy in major ruling.

 

Usually when there is bad DT news like this the headline would be about his golf score that day, or something just as important.  Curious.

 

This is from the letter the DoJ attorneys sent to the Court 11 AUG after the conclusion of oral arguments:

 

There is no substitute for the tariffs and deals that President Trump has made.
One year ago, the United States was a dead country, and now, because of the trillions
of dollars being paid by countries that have so badly abused us, America is a strong,
financially viable, and respected country again. If the United States were forced to
pay back the trillions of dollars committed to us, America could go from strength to
failure the moment such an incorrect decision took effect.

These deals for trillions of dollars have been reached, and other countries have
committed to pay massive sums of money. If the United States were forced to
unwind these historic agreements, the President believes that a forced dissolution of
the agreements could lead to a 1929-style result. In such a scenario, people would
be forced from their homes, millions of jobs would be eliminated, hard-working
Americans would lose their savings, and even Social Security and Medicare could
be threatened. In short, the economic consequences would be ruinous, instead of
unprecedented success.

________________

 

In other words, if these tariffs are illegal, maybe: So, what?

The SC will set it straight

12 minutes ago, jerrymahoney said:

This is from the letter the DoJ attorneys sent to the Court 11 AUG after the conclusion of oral arguments:

 

There is no substitute for the tariffs and deals that President Trump has made.
One year ago, the United States was a dead country, and now, because of the trillions
of dollars being paid by countries that have so badly abused us, America is a strong,
financially viable, and respected country again. If the United States were forced to
pay back the trillions of dollars committed to us, America could go from strength to
failure the moment such an incorrect decision took effect.

These deals for trillions of dollars have been reached, and other countries have
committed to pay massive sums of money. If the United States were forced to
unwind these historic agreements, the President believes that a forced dissolution of
the agreements could lead to a 1929-style result. In such a scenario, people would
be forced from their homes, millions of jobs would be eliminated, hard-working
Americans would lose their savings, and even Social Security and Medicare could
be threatened. In short, the economic consequences would be ruinous, instead of
unprecedented success.

________________

 

In other words, if these tariffs are illegal, maybe: So, what?

As you implied, nothing legal in that argument.

 

Ramblings, nothing more.

14 minutes ago, Slowhand225 said:

The SC will set it straight

The administration has no guarantee of success at the Supreme Court. Many leading conservative and libertarian lawyers and scholars have argued that the president’s duties were issued illegally.

REDUX

14 minutes ago, jerrymahoney said:

These deals for trillions of dollars have been reached, and other countries have
committed to pay massive sums of money

the USA citizens are forking the bill, not "other countries".... their letter is misleading but that's the usual way for maga cronies 

15 hours ago, jerrymahoney said:

The administration has no guarantee of success at the Supreme Court. Many leading conservative and libertarian lawyers and scholars have argued that the president’s duties were issued illegally.

REDUX

 

 

No effing way ! How is that even possible, the idea that theres no guarantee........... lol

Trust me, Americans have their own version of "Brown Envelopes".....we just pretend that we are a country of integrity....when in reality, all branches are corrupt...especially the Judiciary.

The ruling wasn't unanimous. As expected it's off the the Supreme Court. This will more than likely be voted on upon party lines as to if Trump can use section 232 of the Trade Expansion Act.

7 minutes ago, dinsdale said:

The ruling wasn't unanimous. As expected it's off the the Supreme Court. This will more than likely be voted on upon party lines as to if Trump can use section 232 of the Trade Expansion Act.

That was the plan all along....and everyone should note, that Trump is playing 8 D chess....and using the Supreme Court to fix America.  Buckle Up.

10 minutes ago, Taboo2 said:

Trust me, Americans have their own version of "Brown Envelopes".....we just pretend that we are a country of integrity....when in reality, all branches are corrupt...especially the Judiciary.

"Trust me" 🤣

 

 

I assume this will now find its way to SCOTUS and the tariffs will be given the all clear?

Just now, Will B Good said:

 

 

I assume this will now find its way to SCOTUS and the tariffs will be given the all clear?

Probably scotus, yes.

 

Let's say scotus deems the tariffs illegal, i presume at that point Congress can step in and agree to the tariffs and the trade agreements? After all, the argument this power is with Congress and not with the president.

14 hours ago, stevenl said:

Probably scotus, yes.

 

Let's say scotus deems the tariffs illegal, i presume at that point Congress can step in and agree to the tariffs and the trade agreements? After all, the argument this power is with Congress and not with the president.

 

 

Good one.....555

7 minutes ago, stevenl said:

Probably scotus, yes.

 

Let's say scotus deems the tariffs illegal, i presume at that point Congress can step in and agree to the tariffs and the trade agreements? After all, the argument this power is with Congress and not with the president.

 

Imagine the chaos if all of the tariffs collected so far have to be refunded?

Well somebody or some institution needs to stand up to the circus goomba. His policies are going to be incredibly destructive not only to the US economy, but to the world economy. And they are going to cause a historic pivot away from the US towards China and the BRICS nations. 

 

However if precedent continues, Trump will fight this appeal and he will find a court that will surrender to his will. That's typically the way it works with a non democratic monarchy or an autocracy. 

Trump M.I.A. going on three days . All drugged up and likely hiding.  What is the White House hiding this time?

14 hours ago, Taboo2 said:

Trump is playing 8 D chess

Trump is playing checkers and the Courts are playing GO (<deleted> Yourself).

47 minutes ago, Will B Good said:

 

 

I assume this will now find its way to SCOTUS and the tariffs will be given the all clear?

SCOTUS won't take the case and the appellate court decision will stand.

Just now, mikebike said:

SCOTUS won't take the case and the appellate court decision will stand.

 

What about the refunding of the tariffs.......it will wreak havoc

45 minutes ago, stevenl said:

Probably scotus, yes.

 

Let's say scotus deems the tariffs illegal, i presume at that point Congress can step in and agree to the tariffs and the trade agreements? After all, the argument this power is with Congress and not with the president.

House maga are already panicking about the midterms... No way they will hand over that power. Have you seen maga reps townhalls?

16 hours ago, bendejo said:

Pretty impressive that Fox (at this moment) has this headline on their website:

Federal court delivers devastating blow to Trump's trade policy in major ruling.

 

Usually when there is bad DT news like this the headline would be about his golf score that day, or something just as important.  Curious.

 

Bull<deleted>

Just now, Will B Good said:

 

What about the refunding of the tariffs.......it will wreak havoc

Refunding??? That'll never happen.

3 minutes ago, mikebike said:

SCOTUS won't take the case and the appellate court decision will stand.

 

 

The tariff case is scheduled for SCOTUS’s long conference on September 29, 2025 ........nail biting times

2 minutes ago, mikebike said:

Refunding??? That'll never happen.

 

 

Oh! do you mean it will all back to congress and a new law or laws will be pushed through?

 

Just now, Will B Good said:

 

 

Why not?

 

They can't even figure out what to do now that the $800 minimus exemption is done. Do you really think they are competent enough to figure out how to refund tariffs?

Just now, mikebike said:

They can't even figure out what to do now that the $800 minimus exemption is done. Do you really think they are competent enough to figure out how to refund tariffs?

 

You were too quick....I amended my post......🤣

48 minutes ago, stevenl said:

Probably scotus, yes.

 

Let's say scotus deems the tariffs illegal, i presume at that point Congress can step in and agree to the tariffs and the trade agreements? After all, the argument this power is with Congress and not with the president.

Tariffs are not illegal; the only issue is whether the president has the power to apply them. 

 

The Congress absolutely has the power to apply tariffs. 

8 minutes ago, Yellowtail said:

Tariffs are not illegal; the only issue is whether the president has the power to apply them. 

 

The Congress absolutely has the power to apply tariffs. 

So... What's yer point? Are you gonna argue that Congress has the testicular resolve to do that. Please, do it. I need a good larf 😂