WSJ Opinion: Potomac Watch Courts Say Trump's Tariffs Are Illegal
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May 29, 2025 A federal court ruling has deemed many of Trump's tariffs unconstitutional, raising questions about presidential authority in trade. The potential Supreme Court appeal looms large, with implications for executive power and economic policy. The discussion dives into the balance of power between Congress and the presidency regarding tariffs, and how recent legal decisions could reshape trade negotiations. The broader context of emergency declarations and the major questions doctrine also come into play, highlighting the political landscape for the Republican Party.
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Court Limits Trump's Tariff Authority
- The U.S. Court of International Trade ruled Trump's tariffs illegal due to exceeding presidential authority under the International Economic Powers Act (IEPA).
- This sets a precedent limiting presidents from imposing broad tariffs under emergency powers without explicit congressional authorization.
Ruling Checks Emergency Powers
- The ruling prevents presidents from using emergency declarations to exert broad economic controls like tariffs.
- This judicial check closes off a path for potentially expansive future abuses across various policy areas.
Major Questions Doctrine Applies
- The court likely considered the "major questions doctrine," requiring Congress to expressly authorize policies of significant economic impact.
- Trump probably loses if the case reaches the Supreme Court due to this principle.