Trump Tariffs & Supreme Court: Trade Agenda at Risk?
- Former President Trump's sweeping global tariffs are facing renewed legal challenges after a federal appeals court temporarily reinstated them, a day after a lower court blocked moast of...
- The court stated that the Constitution grants Congress exclusive power to regulate trade.
- In response, Trump denounced the court's attempts to block his tariffs in a Truth Social post.He also targeted Leonard Leo, a prominent member of the conservative Federalist Society,...
Facing court challenges, Trump’s tariffs are under legal fire, as a federal appeals court temporarily reinstated them, setting the stage for a notable showdown. The core issue: Did the former president overstep his authority by using emergency powers to impose these trade measures? News Directory 3 reports that the International Emergency Economic Powers Act (IEEPA), which trump cited, is at the heart of the debate. The courts are questioning whether this law grants him the power for such broad import taxes. Adding fuel to the fire, Trump criticized the Federalist Society and its judicial recommendations. Expert Elizabeth Goitein weighs in, clarifying the legal complexities and predicting a likely Supreme Court case, especially given the invocation of the “major questions doctrine.” Discover what’s next and get the latest on this unfolding trade agenda.
Trump’s Tariffs Face Court Challenges, Criticizes Federalist Society
Updated June 01, 2025
Former President Trump’s sweeping global tariffs are facing renewed legal challenges after a federal appeals court temporarily reinstated them, a day after a lower court blocked moast of the tariffs. The U.S. Court of International Trade argued Trump overstepped his presidential authority by invoking emergency powers to impose the tariffs.
The court stated that the Constitution grants Congress exclusive power to regulate trade. It further argued that the International Emergency Economic Powers Act (IEEPA), cited by Trump, does not authorize such broad import taxes. The legal battles highlight the ongoing debate over presidential power and trade policy.
In response, Trump denounced the court’s attempts to block his tariffs in a Truth Social post.He also targeted Leonard Leo, a prominent member of the conservative Federalist Society, who influenced Trump’s judicial picks. Trump expressed disappointment with the Federalist Society’s judicial recommendations.
Elizabeth Goitein, co-director of the Liberty and National Security Program at the Brennan Center for Justice, explained the legal complexities surrounding the tariffs. She noted that multiple courts have rejected Trump’s attempt to bypass Congress and impose worldwide tariffs using emergency powers.
Goitein elaborated on the IEEPA, explaining that it’s typically used to impose economic sanctions against hostile foreign actors, not to enact tariffs. She emphasized that the law requires a genuine national emergency and that the powers invoked must directly address the specific threat.
The trade court also blocked tariffs against China, Mexico, and Canada, imposed over concerns about illicit drugs and undocumented immigrants.The court argued that thes tariffs were a mismatch to the identified threats and didn’t meet IEEPA criteria.
Goitein anticipates the legal battle will eventually reach the Supreme Court. She noted that the Court of International Trade invoked the “major questions doctrine,” suggesting that any executive action with major economic meaning requires explicit congressional authorization, which is lacking in this case regarding tariffs.
What’s next
The legal challenges to Trump’s tariffs are expected to continue in lower courts and appellate courts before perhaps reaching the Supreme Court. The courts will likely consider the scope of presidential power in trade matters and the interpretation of the International Emergency Economic Powers Act.