The U.S. Court of International Trade ruled on May 28 that Trump exceeded his authority by using the International Emergency Economic Powers Act (IEEPA) to impose the tariffs. The court held that IEEPA, typically used for sanctions, does not authorize tariffs and that such power resides solely with Congress.

The Trump administration filed its appeal to the U.S. Court of Appeals for the Federal Circuit immediately after the decision. White House spokesperson Kush Desai asserted, “It is not for unelected judges to decide how to properly address a national emergency.” Deputy Chief of Staff Stephen Miller denounced the ruling on social media as a “judicial coup,” reflecting the administration’s stance that courts cannot limit presidential emergency actions.

Trump announced the tariffs on April 2, declaring the U.S. trade deficit an “unusual and extraordinary threat” justifying a national emergency. The policy imposed a universal 10% baseline tariff on most imports, plus additional “reciprocal” tariffs ranging from 11% to 50% on approximately 60 targeted nations.

The ruling resulted from lawsuits filed by small businesses, including Oregon-based wine importer V.O.S. Selections, and a coalition of states led by Oregon. They argued the trade deficit did not meet IEEPA’s emergency threshold and that the tariffs unconstitutionally bypassed Congress.

Economists and business groups warned the tariffs would raise consumer prices. JPMorgan Chase CEO Jamie Dimon noted they would contribute to inflationary pressures. Importers faced immediate cost increases, with China facing massive rate hikes, creating market uncertainty and supply chain reassessments. Equities, crypto assets, and precious metal markets have all reacted to Trump’s tariff ideas.

The appeal is now pending before the Federal Circuit. Legal experts anticipate the case may ultimately reach the Supreme Court, given its significant constitutional questions regarding executive power in trade policy. Existing tariffs under separate authority remain unaffected.

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