Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Court to Trump: Your Tariffs Are Illegal

Landmark Decision Challenges Presidential Power Overreach

News

Court to Trump: Your Tariffs Are Illegal

Activists of different trade unions burn an effigy of US President Donald Trump to protest against the recent tariff hikes imposed by the US on India during a demonstration in Kolkata on August 13, 2025.

(Photo by DIBYANGSHU SARKAR/AFP via Getty Images)

The stage for a potential Supreme Court showdown is set after the U.S. Court of Appeals for the Federal Circuit ruled that most of former President Donald Trump's sweeping tariffs were unlawful.

Trump imposed a series of tariffs, citing the International Emergency Economic Powers Act (IEEPA) of 1977 as justification. He declared national emergencies over trade deficits and drug trafficking to impose levies on countries, including China, Canada, Mexico, and nearly all U.S. trading partners.


However, the appeals court found that the IEEPA does not grant the president the authority to impose tariffs, stating:

“The statute neither mentions tariffs (or any of its synonyms) nor has procedural safeguards that contain clear limits on the President’s power to impose tariffs.” — Majority opinion, U.S. Court of Appeals

The court emphasized that the Constitution vests tariff authority in Congress, and any delegation of that power must be explicit and limited.

Trump’s tariff strategy has been framed as economic populism: a blunt-force tool to punish trading partners, protect American jobs, and renegotiate global deals. But the court’s decision makes clear what many economists and legal scholars have long argued: tariffs are not a presidential plaything. They are a core component of Congressional power, and invoking emergency statutes to bypass legislative oversight is not just poor governance—it’s unlawful.

The landmark decision that challenges the legal foundation of Trump’s aggressive trade policy has the President fuming. He condemned the decision, warning of dire consequences if the ruling stands:

“If allowed to stand, this Decision would literally destroy the United States of America.” — Donald Trump, Truth Social

He vowed to appeal, asserting that the Supreme Court would ultimately uphold his authority:

“Now, with the help of the United States Supreme Court, we will use [tariffs] to the benefit of our Nation, and Make America Rich, Strong, and Powerful Again!” — Donald Trump, Truth Social

This is not a partisan squabble. It’s a structural question about how trade policy is made in a democracy. When a president unilaterally imposes taxes on imports—without Congressional approval—it undermines the very system of checks and balances that defines our republic.

Legal experts and former officials have weighed in on the implications:

“While existing trade deals may not automatically unravel, the administration could lose a pillar of its negotiating strategy.” — Ashley Akers, former DOJ trial lawyer

The decision could also lead to financial consequences, including potential refunds of billions in collected tariffs. The Justice Department warned that striking down the tariffs could cause “financial ruin” for the U.S. Treasury.

The court allowed the tariffs to remain in place until October 14, 2025.

Notably, the ruling does not affect tariffs imposed under other laws, such as those on steel and aluminum imports, which are justified by national security concerns.

For small businesses, global partners, and American consumers, this ruling offers a moment of clarity. The uncertainty and volatility caused by erratic tariff policies have real costs—higher prices, disrupted supply chains, and diplomatic strain. Restoring legislative oversight is not only a legal necessity but also an economic imperative.

As the case heads toward a likely showdown in the Supreme Court, the stakes are high. Will the judiciary reaffirm Congress’s role in trade policy, or will it grant the executive branch sweeping powers to tax and retaliate at will?

The answer will shape not just the future of tariffs, but the integrity of American governance.

Hugo Balta is the executive editor of the Fulcrum and the publisher of the Latino News Network.


Read More

The Danger Isn’t History Repeating—It’s Us Ignoring the Echoes

Nazi troops arrest civilians in Warsaw, Poland, 1943.

The Danger Isn’t History Repeating—It’s Us Ignoring the Echoes

The instinct to look away is one of the most enduring patterns in democratic backsliding. History rarely announces itself with a single rupture; it accumulates through a series of choices—some deliberate, many passive—that allow state power to harden against the people it is meant to serve.

As federal immigration enforcement escalates across American cities today, historians are warning that the public reactions we are witnessing bear uncomfortable similarities to the way many Germans responded to Adolf Hitler’s early rise in the 1930s. The comparison is not about equating leaders or eras. It is about recognizing how societies normalize state violence when it is directed at those deemed “other.”

Keep ReadingShow less
U.S. capitol.

The current continuing resolution, which keeps the government funded, ends this Friday, January 30.

Getty Images

Probably Another Shutdown

The current continuing resolution, which keeps the government funded, ends this Friday, January 30.

It passed in November and ended the last shutdown. In addition to passage of the continuing resolution, some regular appropriations were also passed at the same time. It included funding for the remainder of the fiscal year for the food assistance program SNAP, the Department of Agriculture, the FDA, military construction, Veterans Affairs, and Congress itself (that is, through Sept. 30, 2026).

Keep ReadingShow less
The Escalation Is Institutional: One Year Into Trump’s Return to Power

U.S. President Donald Trump on January 22, 2026

(Photo by Chip Somodevilla/Getty Images)
Virginia voters will decide the future of abortion access

Virginia has long been a haven for abortion care in the South, where many states have near-total bans.

(Konstantin L/Shutterstock/Cage Rivera/Rewire News Group)

Virginia voters will decide the future of abortion access

Virginia lawmakers have approved a constitutional amendment that would protect reproductive rights in the Commonwealth. The proposed amendment—which passed 64-34 in the House of Delegates on Wednesday and 21-18 in the state Senate two days later—will be presented to voters later this year.

“Residents of the Commonwealth of Virginia can no longer allow politicians to dominate their bodies and their personal decisions,” said House of Delegates Majority Leader Charniele Herring, the resolution’s sponsor, during a committee debate before the final vote.

Keep ReadingShow less