Most Trump tariffs ruled illegal in huge blow to White House trade policy
Last edited Fri Aug 29, 2025, 06:38 PM - Edit history (1)
Source: CNBC
Published Fri, Aug 29 2025 5:40 PM EDT Updated 16 Min Ago
A federal appeals court ruled Friday that most of President Donald Trumps global tariffs are illegal, striking a massive blow to the core of his aggressive trade policy. The U.S. Court of Appeals for the Federal Circuit in a 7-4 ruling held that the law Trump invoked when he granted his most expansive tariffs does not actually grant him the power to impose those levies.
The appellate court paused its ruling from taking effect until Oct. 14, in order to give the Trump administration time to ask the Supreme Court to reverse the decision. Trump later Friday attacked the appeals court as Highly Partisan and asserted that the Supreme Court will rule in his favor.
If these Tariffs ever went away, it would be a total disaster for the Country, Trump wrote in a Truth Social post. If allowed to stand, this Decision would literally destroy the United States of America. The Presidents tariffs remain in effect, and we look forward to ultimate victory on this matter, White House spokesman Kush Desai said in a separate statement.
Fridays ruling is the second straight loss for Trump in the make-or-break case.
Read more: https://www.cnbc.com/2025/08/29/trump-trade-tariffs-appeals-court-ieepa.html
Link to RULING (PDF) - https://storage.courtlistener.com/recap/gov.uscourts.cafc.23105/gov.uscourts.cafc.23105.159.0_1.pdf
REFERENCES
https://www.democraticunderground.com/10143467885
https://www.democraticunderground.com/10143503335
Article updated.
Previous articles/headline -
Published Fri, Aug 29 2025 5:40 PM EDT Updated 3 Min Ago
A federal appeals court ruled Friday that most of President Donald Trump's global tariffs are illegal, striking a massive blow to the core of his aggressive trade policy. The U.S. Court of Appeals for the Federal Circuit in a 7-4 ruling held that the law Trump invoked when he granted his most expansive tariffs does not actually grant him the power to impose those levies.
Trump is all but certain to appeal the ruling to the Supreme Court. The appellate court paused its ruling from taking effect until Oct. 14, in order to give the Trump administration time to ask the Supreme Court to take up the case. The White House did not immediately respond to CNBC's request for comment on Friday's ruling, which is the second straight loss for Trump in the make-or-break case.
The Trump administration has argued that the International Emergency Economic Powers Act, or IEEPA, empowers the president to effectively impose country-specific tariffs at any level if he deems them necessary to address a national emergency.
The U.S. Court of International Trade in late May rejected that stance and struck down Trump's IEEPA-based tariffs, including his worldwide "reciprocal" tariffs unveiled in early April. But the Federal Circuit quickly paused that ruling while Trump's appeal played out.
A federal appeals court ruled Friday that most of President Donald Trump's global tariffs are illegal, striking a massive blow to the core of his aggressive trade policy. The U.S. Court of Appeals for the Federal Circuit ruled that the law Trump invoked when he granted his most expansive tariffs does not actually grant him the power to impose those levies.
Trump is all but certain to appeal the ruling to the Supreme Court. The appellate court paused its ruling from taking effect until Oct. 14, in order to give the Trump administration time to ask the Supreme Court to take up the case.
The White House did not immediately respond to CNBC's request for comment on the ruling.
The Trump administration has argued that the International Emergency Economic Powers Act, or IEEPA, empowers the president to effectively impose country-specific tariffs at any level if he deems them necessary to address a national emergency.
This is breaking news. Please refresh for updates.
A federal appeals court ruled Friday that most of President Donald Trump's global tariffs are illegal, striking a massive blow to the core of his aggressive trade policy.
A panel of three judges on the U.S. Court of Appeals for the Federal Circuit ruled that the law Trump invoked when he granted his most expansive tariffs does not actually grant him the power to impose those levies.
Trump is all but certain to appeal the ruling to the Supreme Court. The appellate court paused its ruling from taking effect until Oct. 14, in order to give the Trump administration time to ask the Supreme Court to take up the case.
The White House did not immediately respond to CNBC's request for comment on the ruling.
This is breaking news. Please refresh for updates.
A federal appeals court ruled Friday that most of President Donald Trump's global tariffs are illegal, striking a massive blow to the core of his aggressive trade policy.
This is breaking news. Please refresh for updates.
Original article -
This is breaking news. Please refresh for updates.

lostincalifornia
(4,458 posts)him everything he has wanted in his quest to make unitary executive theory the law of the land.
WestMichRad
(2,614 posts)Probably 6-3.
Arrrrrgh!!!
Turbineguy
(39,345 posts)he'll be pissed.
Well, at least he still has Brain Worm Bobby to do an extinction event.
LetMyPeopleVote
(169,809 posts)Yeah for Neal Katyal
Link to tweet
https://news.bloomberglaw.com/ip-law/trumps-global-tariffs-found-illegal-by-us-appeals-court
The US Court of Appeals for the Federal Circuit on Friday upheld an earlier ruling by the Court of International Trade that Trump wrongfully invoked an emergency law to issue the tariffs. But the appellate judges sent the case back to the lower court to determine if it applied to everyone affected by tariffs or just the parties involved in the case.
Fridays ruling extends the suspense over whether Trumps tariffs will ultimately stand. The case had been expected to next go to the Supreme Court for a final decision.
The White House did not immediately respond to a request for comment about the ruling.
IbogaProject
(4,976 posts)That way the GOP can loose face or have to pass the tariffs and all take the blame going forward.
Bengus81
(9,388 posts)to do the tariffs himself keeping them off the hook for passing a load TAXES on people. They do NOT want to go home to their Republican voters and have to explain those taxes.
Ponietz
(4,029 posts)LetMyPeopleVote
(169,809 posts)trump and company promised the courts that they would refund any tariffs if they lose as a condition of the appeal of the first judgment. Lawyers are advising people and businesses on what information may be needed to get a refund of tariffs
Link to tweet
https://news.bloomberglaw.com/in-house-counsel/tariff-payment-paper-trail-is-critical-for-building-refund-case
Whether companies get a refund, how much gets refunded, and the process for getting money back to companies all hinge on the outcome of the litigation.
A lot is riding on this case, both for the future as well as for the tariffs that have been collected already, said Ginger Faulk, a partner at Eversheds Sutherland who leads the firms US and global sanctions practices.....
If the court declares the tariffs were entirely illegal, its almost certain that levies already paid would be eligible for a refund, said Michael Lowell, chair of Reed Smiths global regulatory enforcement group.
The decision could also be more nuanced than a simple yes or no, Gamalski said. For example, the court could point to particular stretches of time when the legal status of the tariffs changed. It could rule that the national emergency justification for using IEEPA to impose tariffs was valid for some countries, but not others.
Any of those outcomes could require companies to more finely parse out what they paid and when, she added.
Meanwhile, lawyers said, its also not clear if refund payments would be issued automatically, or if companies would need to calculate what theyre owed and file for their refunds themselves.
You should have all of your data ready because you might be going for everything; you might be having to isolate some of that, Gamalski said. And if you are starting at square zero of pulling everything together, its going to be just that much harder.
Collecting the refund of the tariffs will be interesting and fun to watch
Bayard
(26,974 posts)On things like ICE, and new concentration camps. That means WE would have to pay for refunds. More national debt. Yay.
RussBLib
(10,156 posts)I was wondering when the hell this ruling would come down. But to delay it till Oct 14 gives Trump too much time to fuck up more shit.
This is crucial. The SCOTUS better do the right thing, e.g. shut him down.
https://russblib.blogspot.com/?m=1
lostincalifornia
(4,458 posts)Midnight Writer
(24,709 posts)intrepidity
(8,445 posts)Midnight Writer
(24,709 posts)lostincalifornia
(4,458 posts)Court of International Trade that trump had wrongfully invoked an emergency law to issue the levies, the appellate judges sent the case back to the lower court to determine if it applied to everyone affected by the tariffs, or just the parties involved in the case.
In addition, the tariffs were allowed to remain in place as the litigation proceeds, insuring that this will end up before the supreme court, which I sure wouldn't count on for anything that doesn't give trump unitary executive privilege.
BumRushDaShow
(160,177 posts)in an era when "wins" by those fighting back are intentionally drowned out by the media in favor of the "wins" by 45 that destroy people's lives.
ancianita
(41,832 posts)I don't get this. Americans have already endured years of this man's using and abusing due process as a weapon against justice that ends up doing no good for the country.
BumRushDaShow
(160,177 posts)a huge set of databases that would need to be revised (most, if not all contracted out via task order, with a change control process) that importers/brokers use for their product manifests and to calculate the tariffs.
And with so many types and levels of tariffs on literally hundreds if not thousands of products for dozens and dozens of countries, it would be complicated to unwind the tariffs covered in this order (it's apparently not "all", but "most" ), should the SCOTUS actually agree with the "pause".
But for the appeal time, we are talking about 45's justifying the unprecedented use of the International Emergency Economic Powers Act as a pretext for imposing the tariffs where there is really no "economic emergency" (and there were already tariffed goods/services before the invocation of that as it is), and instead to use it as a cudgel as "punishment" to impose his will.
So I think it is for both, including giving the "back office" time to plan contingencies - and especially since TACO imposes, revises, and pulls tariffs continually.
ancianita
(41,832 posts)and merits should be all the due process that's necessary, not some alleged judicial time lapse to allow for a whole new set of evidence and arguments. Thanks for the explanation, but all that should have no bearing on the appeal time given. Seems to me that ship sailed after the first ruling.
BumRushDaShow
(160,177 posts)to get an emergency TRO on that ruling, to be in effect by tomorrow, so the "delayed effect until October" might help delay the circumstance for an instant "stay" from the SCOTUS (with the same effect).
ancianita
(41,832 posts)He's got the doj in one pocket, the scotus in another. Like a mafia network thinly disguised as government.
BumRushDaShow
(160,177 posts)Basically an Executive Branch at the top of a "hierarchical pyramid" that doesn't Constitutionally exist.
ancianita
(41,832 posts)LetMyPeopleVote
(169,809 posts)moonshinegnomie
(3,638 posts)LetMyPeopleVote
(169,809 posts)A panel of 11 judges ruled 7-to-4 that the presidents tariffs were illegal but said they could stay in place as the case proceeds.
Link to tweet
https://www.nbcnews.com/business/business-news/trump-tariffs-lawsuit-appeals-court-ruling-what-to-know-rcna223915
However, the judges said the tariffs can stay in place as the case proceeds.
The core Congressional power to impose taxes such as tariffs is vested exclusively in the legislative branch by the Constitution, a ruling signed by seven judges with the federal circuit court of appeals said.
Tariffs are a core Congressional power, it said.......
The Court of International Trade initially blocked the tariffs in late May. It found that the import duties lacked any identifiable limits and that the law Trump cited in many of his executive orders did not delegate an unbounded tariff authority to the President. It also said the tariffs did not meet the test of an unusual and extraordinary risk to the country.
All of Trumps tariffs on major trading partners, such as Canada, Mexico, China, the European Union, Japan, India, Brazil and a handful of other countries, have been deployed using the law.
C Moon
(13,178 posts)Trump is all but certain to appeal the ruling to HIS Supreme Court.
Bengus81
(9,388 posts)SidneyR
(188 posts)We know through experience that another court will over-ride this and allow it all to go forward. That's how it always goes.
Bengus81
(9,388 posts)Article I, Section 8 showing us once again that LYING under oath when sworn in is totally meaningless.
kimbutgar
(26,033 posts)In his maniac mind he thinks he is a dictator thats cant be challenged.
He is the god almighty who should not be chanllenged!
Cheezoholic
(3,293 posts)side with history. Even this radical SCOTUS cannot deny the historical imperative of an Independent Central Bank that goes all the way back to Ally Toes favorite picking grounds, the 16th and 17th centuries with the Bank of England. Tariff policies have a similar history as the establishment of a Central Bank, it's largely been kept out of the hands of the King.
Yeah, I'm grasping but a drowning man will grab onto anything that floats
Gary 50
(469 posts)Put the supreme assholes on notice that we will not except any more law breaking by the disgusting pig in the white house and his co-conspirators on the court. We need to make the government afraid of the people instead of the people afraid of the government.
OrlandoDem2
(3,097 posts)Wiz Imp
(7,142 posts)The 7 voting in the majority included 3 Obama appointees, 2 Biden Appointees, 1 from Clinton & 1 from H.W. Bush
The 4 in the minority included 2 W. Bush appointees and 2 Obama appointees.
I have no idea why Obama ever appointed those 2. The one guy clerked for Sandra Day O'Connor & Robert Bork. Terrible appointment.
3Hotdogs
(14,553 posts)BumRushDaShow
(160,177 posts)Remember during much of the time after digging the country out of a ditch, the GOP was blocking most of his nominees (for anything but especially judges), which is what forced Reid to invoke the "nuclear option" to not need 60 votes for a nominee. So I expect some of the more "conservative" nominees may have been from states where the Senators would have blue slipped them if they weren't "acceptable". I.e., it was for expediency.
bucolic_frolic
(52,405 posts)This will be no different. So don't get your hopes up.
bluestarone
(20,287 posts)Stop this shit, like RIGHT FUCKING NOW? Why allow this bullshit until October? It just does not make sense.
BumRushDaShow
(160,177 posts)who (Roberts is over that Circuit) could instantly impose an "administrative stay", so the tariffs would remain "as is" anyway, for whatever timeframe he sets to hear more arguments.
twodogsbarking
(15,775 posts)republianmushroom
(21,375 posts)OrlandoDem2
(3,097 posts)They should be scrapped but due to the steep tax cuts for the rich in the Trump tax cut bill, the deficit and debt will skyrocket.
What theyll do to interest rates and inflation is beyond me but this could sink our economy. He already broke it but now we will be bankrupt.
Yall better start saving and stop spending because youre gonna need some cash when all this is done.
LiberalArkie
(18,933 posts)Dixiegrrrl
(129 posts)Thank you.
BumRushDaShow
(160,177 posts)
Had to dig for that because there are about 5 or 6 lawsuits dealing with "tariffs" and I had to find out which one this referred to!

Playingmantis
(458 posts)There is only one sure way of ridding the nation of the curse of Trump and Thugs and that is with a serious recession and inflation both of which would be the result of these tariff.
Coolidge and Hoover gave us Roosevelt. The MAGAs love this low life??!!!....then let the snakes he has created take their tole. I want them to reap what they have sown..
If I am wrong please tell me..
Gimpyknee
(615 posts)Playingmantis
(458 posts)People have given their lives to protect democracy...a bit of financial hardship is the least they can do..and PS i am retired middle class and I am willing to sacrifice to rid the nation of Herr Trumpelstilskin..
Martin68
(26,460 posts)defies them at his own peril.
red dog 1
(31,855 posts)Jack Valentino
(3,261 posts)All his 'national emergencies' are fictional, except for THAT one....
BidenRocks
(2,205 posts)What was outlawed is legal again.
Old Crank
(6,220 posts)Not signed and no briefs entered.
FakeNoose
(38,640 posts)It takes a lot of courage to be a federal judge these days. Most of the judges want to rule against Chump, not for political reasons, but because they can see how he's fucking up our government. Even the conservatives are against that, on principle.
Congress has laid down and let him have what he wants, so our only hope is for the federal judges to hold the line. Chump has actually threatened some judges, by implication and by naming them in his social media tweets. It's a bizarre world that he's allowed to do this and get away with it.
Rhiagel
(1,806 posts)SCOTUS would strike it down. Since their boy levied the tariffs, it will be okay. Decision reversed. Simple as that.
BoRaGard
(7,538 posts)True Fact.
Rebl2
(16,970 posts)Just take it to the Supreme Court and they will rubber stamp his tariffs.