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Appeals Court Says Most Trump Tariffs Are Illegal, Keeps Them in Place for Now

The 7–4 decision rejects using an emergency law to levy duties, setting up a likely Supreme Court test.

Overview

  • The Federal Circuit largely affirmed a May trade-court ruling that most global and “reciprocal” tariffs exceeded presidential authority.
  • Judges concluded the 1977 International Emergency Economic Powers Act does not authorize the president to impose tariffs, underscoring Congress’s role over duties.
  • The court stayed its removal order until October 14 to allow a Supreme Court petition, so the tariffs remain in force for now.
  • The decision does not reach tariffs imposed under other statutes, such as existing steel and aluminum measures.
  • President Trump denounced the ruling and said he will seek Supreme Court review, as plaintiffs and trading partners confront ongoing uncertainty and potential refunds if the decision is ultimately upheld.