The court rules on IEEPA

The Council on Foreign Relations considers the various implications of the CIT’s landmark ruling and a similar opinion from a US District Court. Politico notes that the court rulings will jolt Trump trade talks. Bloomberg sees slower and more complex options for Trump if his court fight fails. The Hinrich Foundation's Deborah Elms explains the wide menu of legal options open to the executive branch.

Mentioned publications

All Rise for Trade Court – Council on Foreign Relations, May 30, 2025
The Court of International Trade’s ruling on Donald Trump’s tariffs is the most significant setback for Trump’s trade agenda to date. While his team has already filed an appeal and secured a temporary stay, allowing the IEEPA tariffs to remain in place through at least June 9, uncertainty looms. Most of the administration’s ongoing trade negotiations are likely to enter a holding pattern as the US trading partners wait for the courts to weigh in.
- United States Court of International Trade Opinion – May 28, 2025
- United States District Court for the District of Columbia Memorandum Opinion – May 29, 2025
Court rulings jolt Trump trade talks – Politico, May 29, 2025
The US court rulings striking down Trump’s tariffs have strengthened the position of trade partners like the EU. The ruling has also reduced pressure on other countries to cave in to US demands during trade negotiations. Despite legal setbacks, most countries plan to keep negotiating, hoping to secure favorable deals.
Trump’s Tariff Options Slower, More Complex If Court Fight Fails – Josh Wingrove, Bloomberg, May 30, 2025
Even though the federal courts ruled that Trump overstepped his authority by using IEEPA to impose sweeping tariffs, the White House insists that the tariffs will continue "one way or another." The possible alternatives include Section 232, 301, and 122 powers. Trump could also seek congressional approval, though this option is laborious and time consuming.
Courting Chaos: Trump’s wide menu of legal options in the tariff war – Deborah Elms, Hinrich Foundation, June 3, 2025
Now that courts have ruled against the Trump administration on IEEPA, its use of Section 232 is even more likely. If IEEPA is not to be used for tariffs against trade partners, the White House will resort to alternative methods. The courts and Congress tend to be highly deferential to executive claims of national security.