Trump Tariffs Bound for Supreme Court After Another Legal Loss
If the president's policies are struck down, the administration may have to repay billions of dollars in duties, which customs and trade experts warn "would be a logistical nightmare."
As working-class Americans endure the pain from US President Donald Trump's tariff war, the Republican signaled that he plans to keep fighting for the levies after a loss at the US Court of Appeals for the Federal Circuit.
Trump is the first president to impose tariffs by citing the International Emergency Economic Powers Act (IEEPA) of 1977. In a 7-4 ruling, the appellate court's majority found that most of his tariffs are illegal.
The court said that "tariffs are a core congressional power" and "we discern no clear congressional authorization by IEEPA for tariffs of the magnitude of the reciprocal tariffs and trafficking tariffs."
The decision affirms a May ruling from the US Court of International Trade, which also found that Trump exceeded his authority.
Friday's ruling is paused until October 14, to give the White House time to appeal to the nation's highest court. Trump suggested he would do so in a post on his Truth Social platform, writing:
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. 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.
Politico noted that the Friday decision opens the door "for the administration to potentially have to repay billions worth of duties," and pointed to recent warnings from customs and trade experts "that repayments would be a logistical nightmare, and would likely trigger a wave of legal challenges from other businesses and industry groups seeking reimbursement."
Trump's latest legal loss on the tariff front follows various analyses and polling that show the harm his policies are causing. One Accountable.US report from this month highlights comments from grocery executives about passing costs on to consumers, and a recent survey found that 90% of Americans consider the price of groceries a source of stress.
Democrats on the Joint Economic Committee also released a related report earlier this month. As JEC Ranking Member Maggie Hassan (D-N.H.) said at the time, "While President Trump promised that he would expand our manufacturing sector, this report shows that, instead, the chaos and uncertainty created by his tariffs has placed a burden on American manufacturers that could weigh our country down for years to come."
Another mid-August analysis from the Century Foundation and Groundwork Collaborative details the surging cost of school supplies as American families prepared for the 2025-26 academic year. TCF senior fellow Rachel West said that "from his reckless tariffs to his budget law slashing food assistance and federal student loans, Trump's back-to-school message to America's families is crystal clear: Don't expect help, just expect less."
