Will Trump Tariffs Be Removed? Federal Appeals Court Confirms President's Sweeping Tariff Policies are Illegal

The US Court of Appeals for the Federal Circuit in Washington, DC, ruled 7-4 on Friday that most of Donald Trump's sweeping global tariffs were illegal. The court said that the Trump tariffs exceeded presidential powers granted under the International Emergency Economic Powers Act (IEEPA).

Judges explained that while presidents have broad powers during national emergencies, imposing tariffs is a power Congress holds alone.

Despite declaring the tariffs unlawful, the court allowed them to remain until 14 October 2025, giving the Trump administration time to appeal to the Supreme Court.

Trump Tariffs are Illegal

According to The Guardian, the federal appeals court found Trump's tariffs to be 'unbounded in scope, amount and duration,' stating they go beyond legal limits. The judges pointed out that IEEPA does not mention tariffs or authorise presidents to impose taxes or import duties.

They said 'it seems unlikely' Congress meant to grant such sweeping tariff powers through this law. Four judges dissented, arguing that IEEPA sufficiently authorised the tariffs, pointing to past cases that upheld presidential foreign affairs powers.

The White House responded that Trump lawfully defended national and economic security with these tariff powers. The tariffs remain in effect while legal battles continue.

Will Trump Tariffs Be Removed?

The appeals court did not order the immediate removal of the tariffs. Instead, it gave the Trump administration until 14 October 2025 to seek review by the Supreme Court. Trump vowed to fight the ruling, posting on his social media platform Truth Social that 'ALL TARIFFS ARE STILL IN EFFECT!'

The Trump administration is preparing alternative legal approaches in case the IEEPA route fails, looking at other laws that grant tariff authority. Until the Supreme Court action, the tariffs will continue.

Does the Ruling Affect All Trump Tariffs?

The ruling targets tariffs imposed under IEEPA, such as Trump's 'reciprocal' tariffs announced in April 2025, which ranged from 10% up to 50% on countries including China, India, and Brazil.

It also affects 25% tariffs tied to fentanyl concerns on goods from Canada, China, and Mexico.

However, other tariffs, like the 50% steel and aluminium levies under the Trade Act of 1974 and Trade Expansion Act of 1962, remain unaffected. The court highlighted that Congress explicitly delegates tariff powers in those statutes, unlike IEEPA, according to NBC News.

Trump Warns About Removal of Tariffs

After the ruling, Trump accused the appeals court of political partisanship, stating that if the decision stands, it would 'literally destroy the United States of America.' He defended tariffs as essential tools to support American workers and companies producing 'MADE IN AMERICA' goods.

'If these Tariffs ever went away, it would be a total disaster for the Country. It would make us financially weak, and we have to be strong,' said Donald Trump via his official Truth Social post.
Trump criticised past politicians for allowing unfair tariffs against the US. He pledged to use the Supreme Court to uphold his tariff policies, viewing them as vital to countering trade deficits and unfair trade barriers imposed by other countries, friend or foe.

He emphasised tariffs' role in making America 'Rich, Strong, and Powerful Again.'

Originally published on IBTimes UK