Appeals court scrutinizes Trump’s emergency tariffs as deadline looms
UNITED STATES, JUL 31 – An 11-judge panel questioned the legal basis of President Trump's emergency tariffs, noting that the International Emergency Economic Powers Act has never authorized tariffs before.
- On August 3, 2025, an 11-judge panel of the U.S. Federal Circuit convened en banc to hear oral arguments in V.O.S. Selections, Inc. v. Trump, a case contesting tariffs implemented under IEEPA.
- The case arose after five importers and twelve states filed lawsuits arguing that President Trump exceeded his authority under the 1977 International Emergency Economic Powers Act by imposing sweeping tariffs without congressional approval.
- Judges questioned the administration's assertion that IEEPA provides the president with unrestricted authority over tariffs, highlighting that the law does not reference tariffs and requires a distinct national emergency to activate such powers.
- The court highlighted that since 1934 Congress has largely delegated tariff authority but set limits under IEEPA, with Judge Timothy Dyk stating it is hard to believe Congress intended such broad executive power.
- The court's ruling, expected to influence the administration's ability to maintain tariffs as a negotiating tool, could prompt legislative action or a Supreme Court appeal over presidential trade powers.
46 Articles
46 Articles
Trump needs a Plan B on tariffs
Assistant Attorney General Brett Shumate did his best to defend President Donald Trump’s “Liberation Day” tariffs in front of the 11-judge panel of the U.S. Court of Appeals for the Federal Circuit Thursday, but he is arguing an unprecedented case and the judges on the panel, particularly the eight appointed by Democrats, signaled they were highly skeptical of the infinite powers Trump has claimed over tariff policy. The panel did not indicate w…
Lawyers argue Donald Trump’s use of tariffs is ‘illegal’
US Justice Department lawyers defended president Donald Trump's authority to unilaterally impose global tariffs during a high stakes appeals court hearing yesterday, a day before another round of levies against many countries kick in.
Trump says 'emergency' lets him slap up tariffs without congressional approval; appeals court not so sure • Nevada Current
The U.S. Court of Appeals for the Federal Circuit, pictured July 31, 2025. (Photo by Ashley Murray/States Newsroom)WASHINGTON — Judges on the U.S. Appeals Court for the Federal Circuit questioned the legality of President Donald Trump’s sweeping emergency tariffs Thursday as the White House pushes on with its Aug. 1 deadline for import taxes at levels not seen since the 1930s. The case originated from consolidated lawsuits brought by a handful o…
Today's Federal Circuit Oral Argument in Our Tariff Case
NA Today, the en banc US Court of Appeals for the Federal Circuit hear oral arguments in VOS Selections, Inc. v. Trump, the case challenging Trump's massive "Liberation Day" tariffs brought by the Liberty Justice Center and myself on behalf of five small businesses seriously harmed by the tariffs. You can listen to the argument here. Leading appellate litigator and Georgetown law Prof. Neal Katyal argued for us. The case is consolidated with a s…
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