Will Supreme Court REIN IN Trump’s Trade Power?

A U.S. appeals court has temporarily reinstated Trump-era tariffs, reviving a legal fight over presidential authority that could reshape America’s trade policy for years.

At a Glance

  • A federal appeals court reinstated Trump’s tariffs while reviewing the lower court’s ruling that struck them down
  • The original ruling claimed Trump overstepped the International Emergency Economic Powers Act
  • Tariffs on China, Canada, and Mexico are back in force pending a June 5 hearing
  • Section 232 tariffs on steel and aluminum remain unaffected by the legal battle
  • Analysts expect the case to reach the Supreme Court, with implications for executive trade powers

Legal Lifeline for Trump’s Tariffs

The U.S. Court of Appeals for the Federal Circuit has issued a temporary stay, allowing tariffs on goods from China, Canada, and Mexico to remain in effect while it weighs the legality of their imposition. The action reverses a lower court’s ruling that deemed President Trump’s use of the 1977 International Emergency Economic Powers Act as unauthorized for tariff enforcement.

“The political branches, not courts, make foreign policy and chart economic policy,” Trump’s legal team argued, asserting broad presidential latitude in trade matters.

Watch a report: Trump’s Tariffs Reinstated by Court.

Clash Over Executive Power

The original case, brought by small businesses and states, challenged Trump’s trade powers as unconstitutional executive overreach. Legal experts like Ilya Somin argue the lower court’s decision was justified, saying the tariffs had exceeded the intended bounds of the IEEPA.

Trump, meanwhile, called the lower court ruling a “Country threatening decision,” urging the Supreme Court to intervene swiftly. His supporters, including former trade adviser Peter Navarro, have proposed alternative paths to reimpose tariffs using other statutes like Section 301 of the Trade Act of 1974.

Broader Implications for Trade and Policy

Although the reinstatement is temporary, it preserves Trump’s leverage in ongoing trade discussions and upcoming political debates. The ruling does not affect tariffs imposed under Section 232 of the Trade Expansion Act, which include duties on steel, aluminum, and automotive imports—those remain legally secure.

Critics warn that the uncertainty from shifting rulings creates “tariff whiplash” for American businesses trying to plan around import costs and global supply chains. Many now anticipate the Supreme Court will need to define the limits of presidential power in trade—potentially setting a major precedent.

For now, Trump’s tariffs are back. But the outcome of this high-stakes legal showdown could determine how much economic firepower any future president can wield.