A federal Court just ruled that many of President Trump’s tariffs are unconstitutional, saying Trump doesn’t have ‘unbounded’ authority to issue tariffs according to the International Emergency Economic Powers Act of 1977.
Trump has already appealed the decision.
Here’s more from The Hill:
A federal court ruled Wednesday that an emergency law does not provide President Trump with unilateral authority to impose tariffs on nearly every country, blocking a series of tariff announcements dating back to February that have rattled financial markets.
The three-judge panel on the U.S. Court of International Trade unanimously ruled Congress did not delegate “unbounded” tariff authority to the president in the International Emergency Economic Powers Act of 1977 (IEEPA), the linchpin of Trump’s legal defense.
“An unlimited delegation of tariff authority would constitute an improper abdication of legislative power to another branch of government,” the court wrote in its unsigned opinion.
“Regardless of whether the court views the President’s actions through the nondelegation doctrine, through the major questions doctrine, or simply with separation of powers in mind, any interpretation of IEEPA that delegates unlimited tariff authority is unconstitutional,” the opinion continued.
The Trump administration quickly appealed the decision Wednesday evening.
Phillip Kerpen says three judges who ruled this are Trump, Obama, and Reagan appointees, and it was a unanimous decision:
Pretty comprehensive smackdown of Trump tariff from the court of international trade.
Unanimous three judge panel with appointees of Trump, Obama, and Reagan.https://t.co/rnujEVR5rO pic.twitter.com/cGEVMdxLK6
— Phil Kerpen (@kerpen) May 28, 2025
UPDATE: Stephen Miller responded to this, saying “The judicial coup is out of control”
The judicial coup is out of control. https://t.co/PRRZ1zU6lI
— Stephen Miller (@StephenM) May 28, 2025