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

Two groups of glass figures. One red, one blue.

Congressional paralysis is no longer accidental. Polarization has reshaped incentives, hollowed out Congress, and shifted power to the executive.

Getty Images, Andrii Yalanskyi

How Congress Lost Its Capacity to Act and How to Get It Back

In late 2025, Congress fumbled the Affordable Care Act, failing to move a modest stabilization bill through its own procedures and leaving insurers and families facing renewed uncertainty. As the Congressional Budget Office has warned in multiple analyses over the past decade, policy uncertainty increases premiums and reduces insurer participation (see, for example: https://www.cbo.gov/publication/61734). I examined this episode in an earlier Fulcrum article, “Governing by Breakdown: The Cost of Congressional Paralysis,” as a case study in congressional paralysis and leadership failure. The deeper problem, however, runs beyond any single deadline or decision and into the incentives and procedures that now structure congressional authority. Polarization has become so embedded in America’s governing institutions themselves that it shapes how power is exercised and why even routine governance now breaks down.

From Episode to System

The ACA episode wasn’t an anomaly but a symptom. Recent scholarship suggests it reflects a broader structural shift in how Congress operates. In a 2025 academic article available on the Social Science Research Network (SSRN), political scientist Dmitrii Lebedev reaches a stark conclusion about the current Congress, noting that the 118th Congress enacted fewer major laws than any in the modern era despite facing multiple time-sensitive policy deadlines (https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5346916). Drawing on legislative data, he finds that dysfunction is no longer best understood as partisan gridlock alone. Instead, Congress increasingly exhibits a breakdown of institutional capacity within the governing majority itself. Leadership avoidance, procedural delay, and the erosion of governing norms have become routine features of legislative life rather than temporary responses to crisis.

Keep ReadingShow less
Trump’s ‘America First’ is now just imperialism

Donald Trump Jr.' s plane landed in Nuuk, Greenland, where he made a short private visit, weeks after his father, U.S. President-elect Donald Trump, suggested Washington annex the autonomous Danish territory.

(Ritzau Scanpix/AFP via Getty Images)

Trump’s ‘America First’ is now just imperialism

In early 2025, before Donald Trump was even sworn into office, he sent a plane with his name in giant letters on it to Nuuk, Greenland, where his son, Don Jr., and other MAGA allies preened for cameras and stomped around the mineral-rich Danish territory that Trump had been casually threatening to invade or somehow acquire like stereotypical American tourists — like they owned it already.

“Don Jr. and my Reps landing in Greenland,” Trump wrote. “The reception has been great. They and the Free World need safety, security, strength, and PEACE! This is a deal that must happen. MAGA. MAKE GREENLAND GREAT AGAIN!”

Keep ReadingShow less
The Common Cause North Carolina, Not Trump, Triggered the Mid-Decade Redistricting Battle

Political Midterm Election Redistricting

Getty images

The Common Cause North Carolina, Not Trump, Triggered the Mid-Decade Redistricting Battle

“Gerrymander” was one of seven runners-up for Merriam-Webster’s 2025 word of the year, which was “slop,” although “gerrymandering” is often used. Both words are closely related and frequently used interchangeably, with the main difference being their function as nouns versus verbs or processes. Throughout 2025, as Republicans and Democrats used redistricting to boost their electoral advantages, “gerrymander” and “gerrymandering” surged in popularity as search terms, highlighting their ongoing relevance in current politics and public awareness. However, as an old Capitol Hill dog, I realized that 2025 made me less inclined to explain the definitions of these words to anyone who asked for more detail.

“Did the Democrats or Republicans Start the Gerrymandering Fight?” is the obvious question many people are asking: Who started it?

Keep ReadingShow less
U.S. and Puerto Rico flags
Puerto Rico: America's oldest democratic crisis
TexPhoto/Getty Image

Puerto Rico’s New Transparency Law Attacks a Right Forged in Struggle

At a time when public debate in the United States is consumed by questions of secrecy, accountability and the selective release of government records, Puerto Rico has quietly taken a dangerous step in the opposite direction.

In December 2025, Gov. Jenniffer González signed Senate Bill 63 into law, introducing sweeping amendments to Puerto Rico’s transparency statute, known as the Transparency and Expedited Procedure for Access to Public Information Act. Framed as administrative reform, the new law (Act 156 of 2025) instead restricts access to public information and weakens one of the archipelago’s most important accountability and democratic tools.

Keep ReadingShow less