Posed originally on August 30, 2025 | Sundance 

There are trillions at stake. The current 7-4 decision from the U.S. Court of Appeals for the Federal Circuit surrounds a May decision by the U.S. Court of International Trade. The original case concluded that President Trump exceeded his authority under the 1977 law he invoked to impose both the fentanyl trafficking tariffs and his worldwide tariffs, the International Emergency Economic Powers Act (IEEPA). [SEE RULING HERE]

“We are not addressing whether the President’s actions should have been taken as a matter of policy. Nor are we deciding whether IEEPA authorizes any tariffs at all. Rather, the only issue we resolve on appeal is whether the Trafficking Tariffs and Reciprocal Tariffs imposed by the Challenged Executive Orders are authorized by IEEPA. We conclude they are not.”

It is obvious the Democrat appointed majority are tenuous in their position.  No one doubts the presidential power to declare a national emergency.  To wit, the ruling highlights a very nervous court with much of the language straddling the fence trying not give the impression they are interfering in Article II presidential powers to make foreign policy decisions.

Unelected judges restricting the power of the Executive Branch, and by extension restricting a President elected by the majority of the nations’ citizens to address a national emergency, is not a construct supported by the Supreme Court.  The six activist judges on the federal appeals court panel seemingly know this; however, the power of the political -and I would guess financial- pressure compels them.

The court deferred their ruling which will not take effect until Oct. 14, giving the Trump administration time to appeal the decision to the Supreme Court.  President Trump responded via Truth Social.

There are trillions at stake. The current 7-4 decision from the U.S. Court of Appeals for the Federal Circuit surrounds a May decision by the U.S. Court of International Trade. The original case concluded that President Trump exceeded his authority under the 1977 law he invoked to impose both the fentanyl trafficking tariffs and his worldwide tariffs, the International Emergency Economic Powers Act (IEEPA). [SEE RULING HERE]

“We are not addressing whether the President’s actions should have been taken as a matter of policy. Nor are we deciding whether IEEPA authorizes any tariffs at all. Rather, the only issue we resolve on appeal is whether the Trafficking Tariffs and Reciprocal Tariffs imposed by the Challenged Executive Orders are authorized by IEEPA. We conclude they are not.”

It is obvious the Democrat appointed majority are tenuous in their position.  No one doubts the presidential power to declare a national emergency.  To wit, the ruling highlights a very nervous court with much of the language straddling the fence trying not give the impression they are interfering in Article II presidential powers to make foreign policy decisions.

Unelected judges restricting the power of the Executive Branch, and by extension restricting a President elected by the majority of the nations’ citizens to address a national emergency, is not a construct supported by the Supreme Court.  The six activist judges on the federal appeals court panel seemingly know this; however, the power of the political -and I would guess financial- pressure compels them.

The court deferred their ruling which will not take effect until Oct. 14, giving the Trump administration time to appeal the decision to the Supreme Court.  President Trump responded via Truth Social.

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