A federal appeals court said Friday that President Donald Trump overstepped his powers as President when he imposed tariffs under an emergency-powers statute, ruling that Congress has the power to do so.
“The core Congressional power to impose taxes such as tariffs is vested exclusively in the legislative branch by the Constitution,” a ruling signed by seven judges with the U.S. Court of Appeals for the Federal Circuit said.
The judge did also say the tariffs can stay in place as the case proceeds.
“Tariffs are a core Congressional power,” it said.
Friday’s ruling does not affect tariffs implemented under other laws, such as 50% steel and aluminum tariffs on all other worldwide trading partners.
Trump fired back in a post on Truth Social on Friday night, urging the U.S. Supreme Court, which has a conservative majority — three of the six conservatives were nominated by Trump, to side with him on the matter.
“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,” he wrote. “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!”
“President Trump lawfully exercised the tariff powers granted to him by Congress to defend our national and economic security from foreign threats,” White House spokesman Kush Desai said in a statement. “The President’s tariffs remain in effect, and we look forward to ultimate victory on this matter.”
In a dissenting opinion, Circuit Judge Richard Taranto wrote: “We conclude that IEEPA’s authorization of presidential action in this realm is not an unconstitutional delegation of legislative authority under the Supreme Court’s decisions, which have upheld broad grants of authority, including tariffing authority, in this foreign-affairs-related area.”
