The Last Word with Lawrence O’Donnell Federal appeals court: Most Trump tariffs are illegal
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Aug 30, 2025 Laurence Tribe, Professor Emeritus of Constitutional Law at Harvard, dives into the legal ramifications of a federal appeals court's ruling against Trump's tariffs, highlighting the need for Congressional involvement in trade decisions. He critiques Trump's use of foreign aid reallocations as unconstitutional and discusses the implications for executive power. On the political front, Tribe analyzes Iowa Senator Joni Ernst's unexpected decision to not seek reelection and its potential impact on the midterms, pointing toward shifts in voter priorities.
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Court Finds Most Tariffs Beyond Presidential Power
- A federal appeals court ruled most of Trump's tariffs exceed the International Emergency Economic Powers Act.
- The decision frames the tariffs as an unauthorized tax that Congress, not the president, must authorize.
Major Economic Policy Belongs To Congress
- Neil Katyal argued the case and said major economic choices cannot be made by the president alone.
- He expects the Supreme Court to take up the question and urges Congress to decide on such sweeping measures.
Limits On Emergency Tariffs Recognized
- Laurence Tribe agrees the court's 7-4 decision was correct on the merits and that the president cannot replace Congress's tariff scheme.
- He notes targeted national-security tariffs survived but broad, unlimited tariffs did not.
