US Appeals Court Curbs President’s Executive Tariff Power, Redefining Trade Policy

Photo of author

By Lucas Rossi

A recent U.S. appeals court ruling has significantly narrowed the President’s executive authority to impose tariffs, particularly those categorized as “reciprocal duties.” This decision challenges a fundamental pillar of the administration’s trade strategy, notably impacting the scope of covered imports and raising questions about the future trajectory of U.S. trade policy. The ruling underscores the enduring tension between executive power and congressional authority in economic matters, potentially reshaping the tools available for future trade negotiations and protectionist measures.

The court determined that the International Emergency Economic Powers Act of 1977 (IEEPA) does not grant the President the unilateral power to levy taxes in the form of tariffs, a prerogative constitutionally reserved for Congress. This legal interpretation fundamentally curtails the administration’s ability to implement broad tariff actions. Consequently, the proportion of U.S. imports subject to these specific tariffs is estimated to decrease from approximately 69% to 16%. While the ruling takes immediate effect, the tariffs will remain in force until October 14, providing a window for the Trump administration to appeal the decision to the Supreme Court. The scope of this judgment includes tariffs previously imposed on goods from China, Mexico, and Canada, which the White House had, in some instances, justified as part of broader policy initiatives, such as combating fentanyl trafficking.

  • The ruling significantly narrows the President’s executive authority to impose “reciprocal duties” tariffs.
  • The court determined IEEPA does not grant unilateral presidential power to levy tariffs, a right reserved for Congress.
  • The proportion of U.S. imports subject to these specific tariffs is expected to decrease from 69% to 16%.
  • Tariffs will remain in effect until October 14, allowing time for a potential Supreme Court appeal.
  • The judgment impacts tariffs previously imposed on goods from China, Mexico, and Canada.

Enduring Trade Levers and Strategic Adjustments

Despite the significant legal setback, not all of the administration’s trade measures have been invalidated. Tariffs of 50% on steel and aluminum imports remain intact, as they are imposed under Section 232 of the Trade Expansion Act of 1962, a mechanism distinct from the “reciprocal duties” challenged in this ruling. Section 232 empowers the President to impose tariffs on imports deemed a threat to national security, offering a more robust legal basis against judicial challenges. Furthermore, the administration recently expanded the application of Section 232 to over 400 additional categories of goods, signaling a pivot towards this more resilient regulatory framework.

Other significant tariffs also continue to apply. These include a range of tariffs against China, which originated during the first Trump administration and have been maintained. Additionally, the elimination of the “de minimis” exemption for imports valued under $800 means that these lower-value goods are now subject to duties. Legal experts suggest that these surviving areas provide the Trump administration with avenues to continue pursuing its trade agenda, albeit with a more constrained executive toolkit. This necessitates a strategic recalibration, potentially emphasizing existing statutory authorities and preparing new legal or political actions within these boundaries.

Share