Leading Tariff Authority Provides Preview of Federal Court Upcoming Decision on Trump’s “Liberation Day” Tariffs

0
pexels-chanaka-906494-compressed

INTERVIEW ON THE PRICE OF BUSINESS SHOW, MEDIA PARTNER OF THIS SITE.

Recently Kevin Price, Host of the nationally syndicated Price of Business Show, interviewed Phil Magness.

Trump’s day of tariffs, also known as “Liberation Day”, hasn’t happened yet, but Trump’s controversial tariffs continue to navigate the legal process. Price of Business Host Kevin Price visited with Dr. Phil Magness of the [www.independent.org]Independent Institute on his take of what to expect from the Federal Court of Appeals.

A major legal showdown over former President Trump’s “Liberation Day” tariffs is set for July 31, 2025, when the U.S. Court of Appeals for the Federal Circuit hears arguments in V.O.S. Selections, Inc. v. United States. The tariffs—imposed under the International Emergency Economic Powers Act (IEEPA)—were ruled unlawful in May by the U.S. Court of International Trade (CIT), which said Trump overstepped executive authority. However, that decision is currently on hold pending appeal.

The lawsuits argue that IEEPA does not give the president the power to impose broad-based tariffs, especially not for non-security-related reasons like trade imbalances. Plaintiffs include small businesses, 12 states, and industry groups, who say the tariffs disrupt commerce and bypass congressional authority over trade.

This case is one of several challenging Trump’s use of emergency powers for economic policy. Other suits—like Learning Resources v. Trump and Emily Ley Paper v. Trump—raise similar constitutional claims, emphasizing concerns over separation of powers and executive overreach.

The Federal Circuit labeled the case “exceptionally important,” suggesting the stakes are high for trade law and presidential power. If the court upholds the lower ruling, the tariffs could be blocked immediately. If it reverses, the dispute may head to the Supreme Court.

The outcome could redefine the limits of presidential authority under IEEPA—and set a precedent for future trade wars.

Phillip W. Magness is the David J. Theroux Chair in Political Economy at the Independent Institute. He is an economic historian, specializing in the United States, and the author of multiple books including “The 1619 Project Myth” and “Cracks in the Ivory Tower: The Moral Mess of Higher Education.” He holds a PhD from George Mason University’s School of Public Policy
Twitter: @philwmagness

About Author

Leave a Reply

Your email address will not be published. Required fields are marked *

RSS
Follow by Email
YouTube
YouTube
LinkedIn
LinkedIn
Share