September 9, 2025
President Trump’s tariffs have been ruled illegal by an appeals court – but now – the Supreme Court is going to decide once and for all. Just moments ago the justices announced they will hear trump’s tariff case on an emergency basis.
I told you in this video just last week the DC appeals court says Trump does not have the legal authority or power to impose his sweeping tariffs or those so called “reciprocal tariffs”. For right now – Trump’s tariffs can stay in place but – if the Supreme Court rules that the lower courts were right and Trump does not have the power to unilaterally impose tariffs without congress – it will shatter Trump’s entire economic policy and would probably force the US government to return the billions of dollars they’ve already collected in tariff revenue.
The case is being brought by US importers and 12 states who all argue that Trump’s tariffs actions are hurting them financially by increasing their costs and disrupting their operations and they say Trump does not have the legal or constitutional power to just willy nilly impose tariffs at whatever rate he wants on the entire world for as long as he wants. See – Trump believes there is a “national emergency” and an “unusual and extraordinary threat” when it comes to the trade deficits and fentanyl and because of those emergencies he believes he has every right to impose whatever tariffs he wants without the consent of congress. To justify this, he’s using a law from the 1970s called the International Emergency Economic Powers Act.
Well in late August in a 7-4 ruling, the appeals judges said no. Trump does not have that power under the IEEPA law. They said the law gives the president the power to “regulate importation” during a national emergency, but the law does not include the word “tariff” once. The appellate judges said the law does not authorize the president to impose tariffs, duties or taxes. They said the constitution is clear. Those powers belong to congress.
In today’s announcement the Supreme Court said the justices will hear one-hour of oral arguments in this case during the first week of November.
Read the notice here.
