Name: WSJ Trade Reporter: Appeals Case on Tariffs Will Put Trump’s Executive Power to Test
Uploaded: 2025-09-01T05:30:00Z
Duration: 2 min 52 s
Description: The U.S. Court of Appeals for the Federal Circuit rejected President Trump’s tariffs. WSJ’s Gavin Bade explains the ruling and its implications.

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The U.S. Court of Appeals for the Federal Circuit rejected President Trump’s tariffs. WSJ’s Gavin Bade explains the ruling and its implications. Photo: Justin Sullivan/Getty Images

https://m.wsj.net/video/20250901/826b85f4-75f5-4807-bf05-30517438c33e/2/hls/manifest-hd-wifi.m3u8

The U.S. Court of Appeals for the Federal Circuit rejected President Trump’s tariffs. WSJ’s Gavin Bade explains the ruling and its implications.

WSJ Trade Reporter: Appeals Case on Tariffs Will Put Trump’s Executive Power to Test

We got a big tariff decision from the US Court of Appeals here in Washington DC. This was a seven-four ruling that the bulk of President Trump's tariffs are not legally justified. President Trump has overstepped his legal authority to impose these tariffs. So this goes back to the so-called reciprocal tariffs that Trump first announced in April. President Trump had used an emergency law from the 1970s that had never been used for tariffs before, and the court said that basically you can't do that. It's a big test for the tariffs, but it's also a really big test for separation of powers and the scope of executive authority in general. Everyone expects the Trump administration to appeal.

We see this as a hiccup more than anything. Obviously we take it seriously, but we're very confident in the legality and the necessity of these tariffs.

Back in May, there was a lower court, the US Court for International Trade that also ruled that President Trump had overstepped his bounds. So now we kind of have two rulings against these Trump tariffs, which are certainly the most sweeping that he's imposed to date. It's not all of his tariffs that are affected by this, but about 70% when it comes to tariff revenues. It's hard to overstate just how broad President Trump has interpreted this emergency statute in this tariff action. This goes back to a law called the International Emergency Economic Powers Act, and basically it was put in place in the '70s for if there is a national emergency, the President can take certain actions on the economy. Congress is not involved here, other branches not involved here. President Trump and his team will go and impose tariffs on other nations unilaterally simply using this emergency authority. In the Friday ruling, what they said is, we're going to leave these tariffs in place until at least October 14, by which time you would've expected the government to appeal to the Supreme Court. There have been really catastrophic rhetoric coming out of the Trump administration as to what would happen if these tariffs were repealed. If this case doesn't go their way, they could be ordered to refund the tariffs to all the companies they've collected them from. And so you could have hundreds of billions, if not a trillion dollars of tariffs that need to now go back to companies, and that would be a logistical and financial nightmare for the government. Most US businesses are also cognizant of the fact that this ruling doesn't change anything in the short term. You know, I was just in contact with Jake Colvin, who's the Head of the National Foreign Trade Council. And he was saying, frankly, even if these tariffs are struck down completely, the uncertainty for businesses is not going to go away because he expects them to use another tariff authority.