Skip to main content

September 2, 2025

Appeals court kills Trump tariffs as "illegal" executive overreach

NBC News
CNN
CNBC
SCOTUSblog
Axios
+3

Federal appeals court kills Trump tariffs, Supreme Court showdown looms

President Trump asked the Supreme Court on Sep. 2, 2025, for an expedited ruling to overturn a 7-4 Federal Circuit decision that found most of his tariffs are illegal under the International Emergency Economic Powers Act

The U.S. Court of Appeals for the Federal Circuit ruled on Aug. 29, 2025, that the International Emergency Economic Powers Act does not grant presidents unlimited authority to impose global tariffs of unspecified duration

Trump warned at the White House that America could become a third-world country without tariffs and claimed the stock market was falling because investors want the tariffs to continue

The appeals court delayed its ruling from taking effect until Oct. 14, 2025, allowing the Trump administration time to file a Supreme Court appeal while tariffs remain in place

Treasury Secretary Scott Bessent filed a declaration with the Supreme Court citing the importance of a quick ruling to avoid disrupting ongoing diplomatic trade negotiations with foreign partners

Solicitor General D. John Sauer asked the justices to fast-track consideration with oral arguments as early as Nov. 2025, requiring the Court to decide by next week whether to hear the case

The case represents a fundamental test of presidential emergency powers, with legal experts predicting the conservative 6-3 Supreme Court majority may restore broad executive authority over trade policy that lower courts have restricted

📈Trade📜Constitutional Law🏛️Government

People, bills, and sources

Donald Trump

Donald Trump

President of the United States

Scott Bessent

Treasury Secretary

D. John Sauer

Solicitor General

Jeffrey Schwab

Liberty Justice Center lawyer

What you can do

1

civic action

Contact Congress at 202-224-3121 demanding they reassert constitutional authority over trade policy and limit presidential emergency powers

The Supreme Court struck down Trump's sweeping tariffs on February 20, 2026, ruling 6-3 that the International Emergency Economic Powers Act does not authorize presidential tariff imposition. Chief Justice Roberts wrote the majority opinion, calling Trump's actions illegal executive overreach. The ruling affects over $160 billion in illegally collected tariffs. Trump immediately vowed new tariffs, calling the justices 'fools and lap dogs,' but the decision reasserts Congress's exclusive constitutional power over taxation.

Contact your representatives at 202-224-3121 demanding they reassert constitutional authority over trade policy and limit presidential emergency powers. Key points: Supreme Court struck down Trump tariffs Feb 20, 2026. 6-3 ruling by Chief Justice Roberts. IEEPA does not authorize presidential tariffs. $160+ billion illegally collected. Constitution vests tax power exclusively in Congress. Ask: Will you support legislation clarifying limits on presidential trade authority? Will you defend congressional power of the purse?

2

Support consumer advocacy groups challenging tariffs as hidden taxes that make goods more expensive for working families

3

Join constitutional law organizations monitoring presidential abuse of emergency powers through National Emergencies Act reforms

4

Track Supreme Court case progress through SCOTUSblog and prepare for potential ruling expanding executive authority over economic policy

5

Contact business organizations like Chamber of Commerce that oppose unlimited presidential tariff authority disrupting international trade

6

Support legal challenges to presidential emergency declarations through organizations like the Brennan Center for Justice