Court rules against unchecked tariff authority
May 29, 2025
New York; May 28, 2025: Today, the U.S. Court of International Trade rejected the view that the executive branch has unilateral authority over tariff and trade policy, ordering the administration to end the recent tariff regime within 10 days. Quoting James Madison, the court explained, “[u]nderlying the issues in this case is the notion that ‘the powers properly belonging to one of the departments ought not to be directly and completely administered by either of the other departments.’” Because of the Constitution’s express allocation of the tariff power to Congress, “we do not read IEEPA to delegate an unbounded tariff authority to the President,” the opinion read in part.
“This is a tremendous win for our system of separated powers and the rule of law,” said Oliver Dunford, senior attorney at Pacific Legal Foundation. “By correctly recognizing that the executive branch does not have unilateral power over trade policy, the court has begun the process of restoring the power to impose tariffs to where it rightly belongs — with Congress.”
“We’re delighted that the court rejected the government’s claim that the president may exercise unreviewable power simply by declaring an emergency,” said Josh Robbins, an attorney at Pacific Legal Foundation. “Like everyone else, the president must follow the laws written by Congress.”
“Knowing these illegal tariff taxes will no longer be a burden to my small business allows me to continue to plan for future growth and be able to provide for my family,” said Jordan McLaughlin, CEO of Rookie Mage LLC.
“Ending these illegal tariffs lifts a huge weight off of our family business,” said Dan Marshall, owner of Mischief Toy Store. “It means we’ll be able to continue serving our community through the coming holiday season and beyond.”
About Pacific Legal Foundation
Pacific Legal Foundation is a national nonprofit law firm that defends Americans threatened by government overreach and abuse. Since our founding in 1973, we challenge the government when it violates individual liberty and constitutional rights. With active cases in 34 states plus Washington, D.C., PLF represents clients in state and federal courts, with 18 wins of 20 cases litigated at the U.S. Supreme Court.