Why the Trump tariffs should prevail at the Supreme Court
The president acted squarely within his lawful authority
COMMENTARY
By Peter Navarro - Sunday, August 31, 2025
OPINION:
The Federal Circuit’s majority decision striking down President Trump’s emergency tariffs is a poster child of weaponized partisan injustice. The powerful dissent provides a clear road map for the Supreme Court to follow when it takes up the issue in October. That road map affirms what should be obvious: Mr. Trump acted squarely within his lawful authority under the International Emergency Economic Powers Act.
On the politics, six of the seven judges in the majority were appointed by Democratic presidents. Not a single Trump appointee sits on the Federal Circuit.
The states lined up against the tariffs form a solid blue bloc, each led by a Democratic governor and with Democratic-dominated legislatures.
The importer plaintiffs are small, import-dependent businesses reliant on Chinese and other foreign supply chains. Their lawsuits are being advanced by legal nonprofits that have received significant funding from Koch-aligned philanthropies and other conservative megadonors. Some of this support has flowed through donor-advised funds, often described by watchdogs as “dark money.” Koch-aligned groups have publicly opposed tariffs for years.
On the law, this case boils down to three questions: Do fentanyl trafficking and massive trade deficits constitute national emergencies? Is imposing tariffs a legitimate way to “regulate” imports? Are Trump’s tariffs, as the majority claims, “permanent” overreach under IEEPA?
At stake is whether the president of the United States retains the tools to defend this nation, whether against the cartel-driven flood of fentanyl from China, or the chronic trade deficits that hollow out factories, destroy jobs, weaken supply chains and leave America vulnerable to foreign coercion.
The national emergency test
For a president to act under IEEPA, there must be an “unusual and extraordinary” threat with its source outside the U.S., a formal emergency declared under the National Emergencies Act, and measures used strictly to deal with that threat. Mr. Trump’s orders met each test.
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READ MORE: https://www.washingtontimes.com/news/2025/aug/31/trump-tariffs-prevail-supreme-court/
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