The U.S. Court of Appeals for the Federal Circuit in Washington, D.C., decided in a 7–4 decision filed Friday that many of President Donald Trump’s tariffs, including his reciprocal tariffs, are illegal, but the tariffs will remain in place until October 14.
The tariffs, which Trump has used to negotiate and wield American economic power in global markets, are not enforceable under the International Emergency Economic Powers Act (IEEPA), according to the appellate court. The law, as written, provides the president with broader economic power during national emergencies.
“The Government appeals a decision of the Court of International Trade setting aside five Executive Orders that imposed tariffs of unlimited duration on nearly all goods from nearly every country in the world, holding that the tariffs were not authorized by the International Emergency Economic Powers Act (IEEPA),” reads the lawsuit, filed by businesses and Democratic states.
Trump invoked IEEPA to implement many of his tariffs, including his reciprocal tariffs, as well as his February tariffs against China, Canada, and Mexico.
“ALL TARIFFS ARE 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,” Trump said Friday in a Truth Social post, following the decision. “If these Tariffs ever went away, it would be a total disaster for the Country. It would make us financially weak, and we have to be strong.”
Other tariffs, such as on steel and aluminum, are not affected by Friday’s decision.
The president implemented his tariffs by citing two “national emergencies”: that the U.S. imports more than it exports, and that China, Canada, and Mexico are not vigorously working to halt the fentanyl crisis.
The administration has until mid-October to appeal the decision to the Supreme Court, and the president has already alluded to his appeal in a recent Truth Social post.
“For many years, Tariffs were allowed to be used against us by our uncaring and unwise Politicians,” Trump said. “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.”