A federal appeals court delivered a stunning blow to President Trump’s trade agenda Friday, ruling that most of the president’s sweeping global tariffs are illegal.
A three-judge panel on the US Court of Appeals for the Federal Circuit found that the statute Trump relied on to impose his most expansive tariffs did not actually grant him that authority.
The decision undercuts the centerpiece of his aggressive trade policy, which reshaped US economic relations with much of the world.
The ruling is not yet final. The judges paused its effect until Oct. 14, giving the Trump administration time to appeal to the Supreme Court.
Trump is likely to take the case to the high court, setting up a fresh legal battle over the scope of presidential power to slap duties on foreign goods.
The Post has sought comment from the White House.
A coalition of small businesses and 12 states sued to overturn Trump’s sweeping 2025 tariff program, which was imposed through a series of executive orders under the International Emergency Economic Powers Act.
The measures included “trafficking tariffs” of up to 25% on Mexico and Canada and 10–20% on China, justified by Trump as necessary to fight drug trafficking and fentanyl, as well as “reciprocal tariffs” that slapped a 10% baseline duty on nearly all imports with higher surcharges for select countries.
Trump declared a national emergency at the southern border upon taking office on Jan. 20 and expanded it to cover Canada and China by Feb. 1, before rolling out the global tariff regime in April.
The Court of International Trade struck down the orders in May, finding IEEPA does not authorize blanket tariffs, and the Federal Circuit affirmed that ruling on Friday.
Trump wasted little time reviving his trademark tariff blitz after taking office earlier this year.
On April 2, he declared a national emergency and unveiled sweeping “reciprocal tariffs,” slapping a 10% baseline duty on nearly all US imports.
The president also imposed a 25% tariff on imported automobiles and then doubled steel and aluminum duties to 50%.
As tariffs skyrocketed, US ties to its largest trading partners, including China, spiraled. Duties on Chinese goods hit a blistering 145% before a temporary July truce lowered rates to 30%.
Trump has also slapped duties on imports from India (50%), Canada (35%) and Mexico (25%) and ordered sweeping changes to low-cost online imports, dissolving the longstanding “de minimis” exemption — meaning even low-value foreign parcels now face duties or fees.
Trump additionally announced sector-specific tariffs such as a 100% levy on foreign films and a 25% “fentanyl tariff” aimed at countries, primarily China, that are accused of facilitating opioid flows into the US.
