A federal appeals court ruled Friday many of President Donald Trump's tariff policies are unconstitutional — but the ruling allows the measures to stay in place while the administration appeals to the Supreme Court.
The panel of 11 judges on the U.S. Court of Appeals for the Federal Circuit ruled President Trump lacks the legal authority to impose tariffs under the International Emergency Economic Powers Act, which has underpinned many of the orders that have increased tariffs on imports to the U.S.
"We discern no clear congressional authorization by IEEPA for tariffs of the magnitude of the Reciprocal Tariffs and Trafficking Tariffs," the court wrote in its ruling on Friday.
"We conclude Congress, in enacting IEEPA, did not give the President wide-ranging authority to impose tariffs of the nature of the Trafficking and Reciprocal Tariffs simply by the use of the term 'regulate . . . importation.'"
But the ruling also does not order the immediate end to tariffs. The 7-4 decision eliminated that requirement and gives the Trump administration until October 14 to potentially appeal its decision to the U.S. Supreme Court.
If the ruling stands, the government may be required to refund certain import taxes from the $142 billion it has collected through the new tariffs since they were enacted.
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The ruling applies to tariffs President Trump imposed on "Liberation Day" on April 2 and to tariffs imposed in February against Canada, China and Mexico.
Certain other tariffs are not affected by this ruling, including those President Trump imposed on steel and aluminum and on automobiles.
President Trump on Friday indicated his administration would appeal the ruling to the Supreme Court.
"ALL TARIFFS ARE STILL IN EFFECT!" The president wrote on social media. "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."
"With the help of the United States Supreme Court, we will use them to the benefit of our Nation."
