The
ruling was delivered on August 29, 2025, in Washington, D.C., in the case
V.O.S. Selections, Inc. v. United States, No. 25-1812. It represents one of the
most consequential legal challenges to Trump’s trade policies.
President
Trump invoked the International Emergency Economic Powers Act (IEEPA) earlier
in 2025 to impose two sweeping tariff programs. The first, called “reciprocal
tariffs,” introduced a 10% duty on nearly all imports, with potential increases
of up to 50% for goods from U.S. adversaries, beginning April 2, 2025, which he
designated as “Liberation Day.” The second, announced on February 1, 2025,
included “trafficking tariffs” targeting China, Canada, and Mexico, citing
threats linked to narcotics trafficking and unlawful immigration.
In a
7–4 majority, the appellate court found that IEEPA does not authorize the
President to enact such far-reaching tariff regimes. The opinion stressed that
authority over duties and taxation rests with Congress under the Constitution,
and emergency statutes must be interpreted narrowly to prevent excessive
concentration of power in the executive. While invalidating most of the
tariffs, the judges allowed them to remain in effect until October 14, 2025, to
give the administration an opportunity to appeal to the U.S. Supreme Court.
The
court reasoned that IEEPA enables the President to regulate or block specific
imports in times of national emergency but does not empower the executive to
create comprehensive tariff systems. It also concluded that citing drug
trafficking and immigration as justifications for trade restrictions did not
constitute a legitimate emergency under the statute.
Judge
Cunningham, joined by Judges Lourie, Reyna, and Stark, wrote a concurring
opinion emphasizing that Trump’s measures lacked proportionality and a direct
connection to the declared emergencies.
Dissenting,
Judge Taranto—joined by Chief Judge Moore, Judge Prost, and Judge Chen—argued
that the broad language of IEEPA could permit tariff actions in emergencies.
They warned that the majority’s interpretation may restrict future presidents
from responding decisively to global crises.
The
decision followed a May 28, 2025 ruling by the U.S. Court of International
Trade, which had already struck down the tariffs and issued a permanent
injunction, though enforcement had been stayed pending appeal.
QUESTIONS:
We
do appreciate if you would answer the following question/s with reference of
question number/s in the comments section:
Q.
No. 1 Who will appeal this decision to the Supreme Court, and how quickly will
the case be taken up?
Q.
No. 2 How might this ruling affect America’s ongoing trade negotiations with
China, Canada, and Mexico?
Q.
No. 3 What economic impact will the suspension of these tariffs have on U.S.
industries and consumers?
Q.
No. 4 Could Congress introduce new legislation to expand presidential powers
over trade in emergencies?
Q.
No. 5 How will Trump’s political allies and critics respond to this legal
setback?
Q.
No. 6 What precedent does this case set for future presidents attempting to use
IEEPA for economic measures?
Q.
No. 7 Will businesses seek compensation for losses caused by tariffs now ruled
illegal?
Q.
No. 8 How might this ruling influence upcoming election debates on trade and
executive authority?
Q.
No. 9 What role will international trade partners play in shaping the next
phase of this legal battle?
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