Appeals Court Tries to Gut Trump Tariffs, Supreme Court Showdown Looms [WATCH]

The United States Court of Appeals for the Federal Circuit on Friday rejected President Trump’s authority to impose sweeping tariffs in a 7-4 decision.

“The Government appeals a decision of the Court of International Trade setting aside five Executive Orders that imposed tariffs of unlimited duration on nearly all goods from nearly every country in the world, holding that the tariffs were not authorized by the International Emergency Economic Powers Act (IEEPA), 50 U.S.C. § 1701 et seq. Because we agree that IEEPA’s grant of presidential authority to ‘regulate’ imports does not authorize the tariffs imposed by the Executive Orders, we affirm,” the Federal Appeals Court said in its opinion.

The legal battle over President Trump’s tariffs has been moving through both the Court of International Trade and the federal appellate courts.

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In May, the Court of International Trade in New York ruled that President Trump exceeded his authority under the International Emergency Economic Powers Act of 1977.

According to court filings, that decision halted President Trump’s 30 percent tariffs on goods from China, his 25 percent tariffs on certain goods imported from Mexico and Canada, and the 10 percent universal tariffs on most goods entering the United States.

The ruling did not affect the 25 percent tariffs on autos, auto parts, steel, or aluminum, which were imposed under Section 232 of the Trade Expansion Act, a separate statute from IEEPA.

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Following the ruling in New York, the federal appeals court initially reinstated the tariffs earlier this year while the Trump administration challenged the lower court’s decision.

In June, the appeals court allowed the tariffs to remain in place temporarily while the administration prepared its legal arguments.

Oral arguments were heard on July 31, and the tariffs remained in effect until the ruling announced on Friday.

President Trump responded to the decision in a post on Truth Social.

“ALL TARIFFS ARE STILL IN EFFECT! Today a Highly Partisan Appeals Court incorrectly said that our Tariffs should be removed, but they know the United States of America will win in the end. If these Tariffs ever went away, it would be a total disaster for the Country. It would make us financially weak, and we have to be strong. The U.S.A. will no longer tolerate enormous Trade Deficits and unfair Tariffs and Non Tariff Trade Barriers imposed by other Countries, friend or foe, that undermine our Manufacturers, Farmers, and everyone else. If allowed to stand, this Decision would literally destroy the United States of America. At the start of this Labor Day weekend, we should all remember that TARIFFS are the best tool to help our Workers, and support Companies that produce great MADE IN AMERICA products. For many years, Tariffs were allowed to be used against us by our uncaring and unwise Politicians. Now, with the help of the United States Supreme Court, we will use them to the benefit of our Nation, and Make America Rich, Strong, and Powerful Again! Thank you for your attention to this matter,” Trump said.

The appeals court decision will not take effect until October 14, allowing the Trump administration time to file an appeal with the United States Supreme Court.