Donald Trump’s aggressive trade war just hit a legal wall. A federal appeals court has overturned one of the former president’s core economic policies—his sweeping use of tariffs—calling it an unconstitutional overreach.
The ruling, handed down by the U.S. Court of Appeals for the Federal Circuit, effectively kills a central pillar of Trump’s America First economic doctrine. The decision halts the enforcement of tariffs imposed under Section 232 of the Trade Expansion Act, which Trump used to justify billions in duties on steel, aluminum, and a wide range of foreign imports.
Within hours of the decision, Customs and Border Protection was ordered to stop collecting the disputed tariffs—immediately striking them down nationwide.
“The executive cannot wield unlimited authority under the guise of national security,” the court stated.
The ruling follows years of litigation brought by a coalition of U.S. businesses and trade groups, who argued that Trump’s use of national security to justify blanket tariffs was little more than economic protectionism in disguise.
The fallout could be massive
The decision doesn’t just impact Trump-era tariffs. It also sets a precedent that may restrict future presidents—Biden included—from invoking Section 232 as a shortcut around Congress.
Legal experts say it’s one of the most significant rulings on presidential trade powers in decades.
“This fundamentally rebalances who controls U.S. trade law,” said one constitutional lawyer. “Congress is back in the driver’s seat.”
Trump’s tariff program has drawn criticism from both sides of the aisle. While the former president argued it was a necessary weapon to fight unfair competition from China and protect U.S. manufacturing, critics said it triggered inflation, stifled supply chains, and sparked retaliatory tariffs from key allies.
According to the Tax Foundation, the tariffs raised nearly $80 billion in revenue—but were ultimately paid by American businesses and consumers through higher prices.
Trump calls ruling a ‘disaster’
Unsurprisingly, Trump slammed the court’s decision, calling it a “complete disaster for the American worker” and warning it would “make China smile from ear to ear.” His campaign spokesperson promised that Trump would fight to reinstate the policy if re-elected in 2024.
But trade economists argue the damage has already been done—and that the U.S. may now face new legal challenges from trading partners seeking reparations.
Meanwhile, the Biden administration has yet to respond in detail. Several of Trump’s tariffs remain intact under Biden, despite promises of a “strategic review.”
Whether this ruling accelerates their rollback remains to be seen.