By Fox News - Louis Casiano -Published August 29, 2025 6:00pm EDT

An appeals court affirmed a ruling that trafficking and reciprocal tariffs exceeded presidential authority under International Emergency Economic Powers Act

"We affirm the CIT’s holding that the Trafficking and Reciprocal Tariffs imposed by the Challenged Executive Orders exceed the authority delegated to the President by IEEPA’s text," the opinion from the Washington-based U.S. Court of Appeals for the Federal Circuit states. 

"We also affirm the CIT’s grant of declaratory relief that the orders are invalid as contrary to law."

Federal fight over Trump’s tariffs - VIDEO

In a 7-4 vote, the divided court allowed the tariffs to remain in place through Oct. 14 to give the Trump administration a chance to file an appeal with the U.S. Supreme Court.

TRUMP'S TARIFF POWER GRAB BARRELS TOWARD SUPREME COURT

A court on Friday ruled that most of President Donald Trump's tariffs are not legal.   (Getty Images)

On Truth Social, Trump criticized the ruling, saying all tariffs were still in effect. 

"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. If these Tariffs ever went away, it would be a total disaster for the Country," he wrote. 

"It would make us financially weak, and we have to be strong. The U.S.A. will no longer tolerate enormous Trade Deficits and unfair Tariffs and Non Tariff Trade Barriers imposed by other Countries, friend or foe, that undermine our Manufacturers, Farmers, and everyone else. "

Trump has made tariffs a pillar of his second term as a way to compel other nations to renegotiate trade deals with the United States and to give the U.S. economic concessions. 

"President Trump lawfully exercised the tariff powers granted to him by Congress to defend our national and economic security from foreign threats. The president’s tariffs remain in effect, and we look forward to ultimate victory on this matter." White House spokesman Kush Desai told Fox News. 

TRUMP'S 'LIBERATION DAY' TARIFFS COULD HIT A SNAG IN COURT TODAY. HERE'S WHAT TO KNOW

President Donald Trump holds a "Foreign Trade Barriers" document as he delivers remarks on tariffs in the Rose Garden at the White House. (Reuters)

Revenue from tariffs totaled $142 billion by July, more than double what it was at the same point the year before. Congress has the power to impose taxes, including tariffs. But, in recent decades, lawmakers have ceded authority to the president, The Associated Press reported. 

At issue was the legality of Trump’s attempt to use the International Emergency Economic Powers Act (IEEPA) — a 1977 emergency law — to enact the steep import fees and impose additional tariffs on certain trading partners. 

The Trump administration argued that courts approved President Richard Nixon’s emergency use of tariffs in a 1971 economic crisis that arose from the chaos that followed his decision to end a policy linking the U.S. dollar to the price of gold, according to the AP. 

Trump used the IEEPA law to enact the tariffs during his April 2 "Liberation Day" event.

In his post, Trump said allowing Friday's decision to stand would "literally destroy the United States of America."

Video

"At the start of this Labor Day weekend, we should all remember that TARIFFS are the best tool to help our Workers, and support Companies that produce great MADE IN AMERICA products," he said.

"For many years, 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! Thank you for your attention to this matter."

Louis Casiano is a reporter for Fox News Digital. Story tips can be sent to louis.casiano@fox.com.

Editor Comments.

Right now the U.S. is caught between two competing realities:

Trump’s Political Case

• He has built his economic and foreign-policy brand largely on aggressive tariffs — arguing they protect U.S. industry, force trading partners (like China and Mexico) to play fair, and reduce America’s dependence on imports.
• Many of his supporters see tariffs not only as protectionist tools, but as a symbol of American strength and independence. If courts take away those tools, they may feel the U.S. is being stripped of its ability to defend itself economically.

The Legal & Constitutional Case

• The courts have said clearly: IEEPA is not a blank check for tariffs. Congress never gave presidents permanent authority to impose sweeping taxes on imports.
• If Trump loses at the Supreme Court, he’ll still have other trade powers (like Section 301 of the Trade Act of 1974, Section 232 on national security, antidumping/countervailing duties, etc.) — but those are narrower and slower to use.
• Congress could also, in theory, pass new laws granting the president broader tariff authority, but that would be politically explosive.

What the World Will See

• If Trump loses → Some foreign governments will see it as a weakening of his leverage, but others will see it as proof that U.S. law restrains executive overreach. That is how constitutional democracies are supposed to function.
• If Trump wins → It would set a precedent that any president can declare an “emergency” and impose broad tariffs at will. Allies and adversaries alike would likely interpret that as America moving toward economic unilateralism.

The Strategic Reality

• Tariffs are not universally seen as “saviors” — some industries benefit (steel, aluminum, certain manufacturing), while others suffer (farmers, exporters, import-dependent businesses, consumers).