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

Democrats’ Redistricting Gains Face New Court Battles Ahead of 2026 Elections
us a flag on white concrete building

Democrats’ Redistricting Gains Face New Court Battles Ahead of 2026 Elections

Earlier this year, I reported on Democrats’ redistricting wins in 2025, highlighting gains in states like California and North Carolina. As of December 18, the landscape has shifted again, with new maps finalized, ongoing court battles, and looming implications for the 2026 midterms.

Here are some key developments since mid‑2025:

  • California: Voters approved Proposition 50 in November, allowing legislature‑drawn maps that eliminated three safe Republican seats and made two more competitive. Democrats in vulnerable districts were redrawn into friendlier territory.
  • Virginia: On December 15, Democrats in the House of Delegates pushed a constitutional amendment on redistricting during a special session. Republicans denounced the move as unconstitutional, setting up a legal and political fight ahead of the 2026 elections.
  • Other states in play:
    • Ohio, Texas, Utah, Missouri, North Carolina: New maps are already in effect, reshaping battlegrounds.
    • Florida and Maryland: Legislatures have begun steps toward redistricting, though maps are not yet finalized.
    • New York: Court challenges may force changes to existing maps before 2026.
    • National picture: According to VoteHub’s tracker, the current district breakdown stands at 189 Democratic‑leaning, 205 Republican‑leaning, and 41 highly competitive seats.

Implications for 2026

  • Democrats’ wins in California and North Carolina strengthen their position, but legal challenges in Virginia and New York could blunt momentum.
  • Republicans remain favored in Texas and Ohio, where maps were redrawn to secure GOP advantages.
  • The unusually high number of mid‑decade redistricting efforts — not seen at this scale since the 1800s — underscores how both parties are aggressively shaping the battlefield for 2026.
So, here's the BIG PICTURE: The December snapshot shows Democrats still benefiting from redistricting in key states, but the fight is far from settled. With courts weighing in and legislatures maneuvering, the balance of power heading into the 2026 House elections remains fluid. What began as clear Democratic wins earlier in 2025 has evolved into a multi‑front contest over maps, legality, and political control.

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

Kelly Sponsors Bipartisan Bill Addressing Social Media

Sen. Mark Kelly poses for a selfie before a Harris-Walz rally featuring former President Barack Obama on Oct. 18, 2024.

Photo by Michael McKisson.

Kelly Sponsors Bipartisan Bill Addressing Social Media

WASHINGTON – Lawmakers have struggled for years to regulate social media platforms in ways that tamp down misinformation and extremism.

Much of the criticism has been aimed at algorithms that feed users more and more of whatever they click on – the “rabbit hole” effect blamed for fueling conspiracy theories, depression, eating disorders, suicide and violence.

Keep ReadingShow less
The “Big Beautiful Bill” Becomes Law: From Promise to Fallout
a doctor showing a patient something on the tablet
Photo by Nappy on Unsplash

The “Big Beautiful Bill” Becomes Law: From Promise to Fallout

When I first wrote about the “One Big Beautiful Bill” in May, it was still a proposal advancing through Congress. At the time, the numbers were staggering: $880 billion in Medicaid cuts, millions projected to lose coverage, and a $6 trillion deficit increase. Seven months later, the bill is no longer hypothetical. It passed both chambers of Congress in July and was signed into law on Independence Day.

Now, the debate has shifted from projections to likely impact and the fallout is becoming more and more visible.

Keep ReadingShow less
Federal employees sound off
Government shutdown
wildpixel/Getty Images

Fulcrum Roundtable: Government Shutdown

Welcome to the Fulcrum Roundtable.

The program offers insights and discussions about some of the most talked-about topics from the previous month, featuring Fulcrum’s collaborators.

Keep ReadingShow less