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Appeals Court Says Most Trump Emergency Tariffs Unlawful

A 7–4 ruling found Trump’s emergency law lacks tariff authority, keeping the duties in effect until Oct. 14 for a likely Supreme Court appeal.

Overview

  • The court held that the International Emergency Economic Powers Act does not authorize the president to impose tariffs or taxes.
  • Judges left the contested levies in place until Oct. 14 to give the government time to seek review by the U.S. Supreme Court.
  • Tariffs based on other statutes, notably on steel and aluminum, are not affected by the decision.
  • The panel sent parts of the case back to a lower court to determine the ruling’s scope and which parties are covered, prolonging business uncertainty.
  • Plaintiff states and small and mid-sized firms had earlier won at the Court of International Trade, and the ruling raises the prospect of refunds and lost federal revenue if ultimately upheld.