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

Gerrymandering: The Maps Shaping Power Ahead of the 2026 Midterms
After Virginia Special Election, The Gerrymandering War Escalates Again

Gerrymandering: The Maps Shaping Power Ahead of the 2026 Midterms

Gerrymandering, the strategic manipulation of voting district boundaries to benefit certain political parties or candidates, has once again taken center stage as this year’s primary elections approach. Though redistricting is typically marked by the decennial census, mid-decade redistricting has become more common across the U.S. since the early 2000s.

The aim of redistricting is to ensure that representative assemblies within a state continue to accurately represent their constituents as population demographics shift over time; however, since the early 1800s, this system has been exploited by U.S. political parties seeking to manipulate voting outcomes in their favor. The same can be said about the current election cycle.

Keep ReadingShow less
Top of the U.S. Supreme Court House

Congress advances a reconciliation bill to fund the Department of Homeland Security while passing key rural legislation. As debates over ICE funding, wildfire policy, and broadband expansion unfold, lawmakers also face new questions about the use of AI in government.

Getty Images, Bloomberg Creative

Starting Up the Reconciliation Machine

This week the Senate began the long, procedure-heavy process of creating and passing a reconciliation bill in order to enact Republican priorities without requiring any votes from Democratic legislators: funding the parts of the Department of Homeland Security (DHS) whose funding remains lapsed and additional funds for Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP). Also this week, the House agreed to two bills that next go to the President and voted on a number of bills related to rural areas.

Two New Laws Soon

Both of these bills go to the President next for signing:

Keep ReadingShow less
ICE Director Requests Additional $5.4 Billion at Congressional Budget Hearing

CBP Chief Rodney Scott (left), Acting ICE Director Todd Lyons (middle) and USCIS Director Joseph Edlow (right) testify at budget hearing.

Jamie Gareh/Medill News Service)

ICE Director Requests Additional $5.4 Billion at Congressional Budget Hearing

WASHINGTON- The acting director of ICE on Thursday told Congress that while the Trump administration pumped $75 billion extra into ICE over four years, many activities remain cash starved and the agency needs about $5.4 billion in additional funding for 2027.

There’s misinformation with the Big Beautiful Bill that ICE is fully funded,” said Todd Lyons, acting director of ICE, whose resignation was announced later that day.

Keep ReadingShow less
Illinois House Passes Bill to Restrict Construction of Immigration Detention Centers in Communities

The Illinois State Capitol Building, in Springfield, Illinois on MAY 05, 2012.

(Photo By Raymond Boyd/Michael Ochs Archives/Getty Images)

Illinois House Passes Bill to Restrict Construction of Immigration Detention Centers in Communities

The Illinois House passed a legislative proposal in a 72-35 partisan vote that would restrict where immigration detention centers can be built, located or operated in the state.

House Bill 5024 would amend state code so that an immigration detention center cannot be located, constructed, or operated by the federal government within 1,500 feet of a home or apartment complex, as well as any school, day care center, public park, or house of worship. Current detention facilities in the state would not be affected by the legislation.

Keep ReadingShow less