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        Customs & Trade

        Appeals court finds Trump's sweeping tariffs unconstitutional but leaves them in place for now

        August 30, 2025

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        Washington, Aug 29 (AP) A federal appeals court ruled on Friday that President Donald Trump had no legal right to impose sweeping tariffs but left in place for now his effort to build a protectionist wall around the American economy.

        The US Court of Appeals for the Federal Circuit ruled Trump wasn't legally allowed to declare national emergencies and impose import taxes on almost every country on earth, largely upholding a May decision by a specialized federal trade court in New York.

        But the court tossed out a part of that ruling striking down the tariffs immediately, allowing his administration time to appeal to the Supreme Court.

        The decision complicates Trump's ambitions to upend decades of American trade policy completely on his own. Trump has alternative laws for imposing import taxes, but they would limit the speed and severity with which he could act. His tariffs -- and the erratic way he's rolled them out -- have shaken global markets, alienated US trading partners and allies and raised fears of higher prices and slower economic growth. (AP) OZ OZ

        Presidential emergency authority found lacking for sweeping tariff imposition, but tariffs temporarily remain pending appeal. Presidential emergency authority was found insufficient to support unilateral imposition of broad import tariffs; the appellate decision largely affirmed a trade-court finding that the emergency basis was improperly invoked but stayed immediate invalidation, leaving the tariffs in place pending further appeal. The opinion notes alternative statutory authorities exist that constrain the speed and severity of import measures.
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                Presidential emergency authority found lacking for sweeping tariff imposition, but tariffs temporarily remain pending appeal.

                                Presidential emergency authority was found insufficient to support unilateral imposition of broad import tariffs; the appellate decision largely affirmed a trade-court finding that the emergency basis was improperly invoked but stayed immediate invalidation, leaving the tariffs in place pending further appeal. The opinion notes alternative statutory authorities exist that constrain the speed and severity of import measures.





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                                ActsIncome Tax
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