In what could prove to be an historic decision bearing on the reach of presidential authority in trade matters, the Supreme Court is scheduled to hear arguments pertaining to President Trump’s tariffs policies.
Earlier this year Trump pointed to the long-standing International Economics Power Act as his justification for imposing a wide range of tariff levels on countries across the globe.
Trump said that act allows the President to regulate import levels in a crisis. He pointed to the country’s ongoing trade deficit and importation of fentanyl into the U.S. as examples of an emergency.
But in a 7 to 4 decision, the U.S Court of Appeals for the Federal Court decided otherwise, noting that in the past Congress has provided “well-defined procedural and substantive limitations” on emergency powers legislation, but failed to do so with the International Economics Power Act.
In fact, said the Appeals Court, the International Economics Power Act appears to impose “no such limitations on the President’s authority,” making it open-ended and wide-ranging.
Dissenting opinion in the case contended that the original legislation was not unconstitutional, additionally noting that the Supreme Court has previously “upheld broad grants of authority, including tariffing authority, in this foreign-affairs-related area.”
It is not known when the higher court will make a final ruling in the matter and to what extent, should the White House endure a defeat, it will alter current Trump-imposed tariffs.
September 19, 2025
By Garry Boulard
Photo courtesy of Pixabay
