Federal Court Blocks Most Trump Tariffs

Federal Court Blocks Most Trump Tariffs

U.S. President Donald Trump delivers remarks on tariffs at the White House on April 2, 2025.
U.S. President Donald Trump delivers remarks on tariffs at the White House on April 2, 2025. Carlos Barria/Reuters

May 29, 2025 10:44 am (EST)

U.S. President Donald Trump delivers remarks on tariffs at the White House on April 2, 2025.
U.S. President Donald Trump delivers remarks on tariffs at the White House on April 2, 2025. Carlos Barria/Reuters
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Current political and economic issues succinctly explained.

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A New York federal court struck down most of Trump’s tariffs yesterday, ruling that he lacked the authority to impose them. Trump announced plans to appeal and could try to enact new duties using different legal permissions. The ruling also casts uncertainty over recent U.S. trade negotiations with multiple countries. 

The ruling. The Court of International Trade decision ordered the reversal of levies that Trump imposed under the 1977 International Emergency Economic Powers Act (IEEPA), which had never before been used to implement a tariff. 

  • Trump used IEEPA to put tariffs on Canada, China, and Mexico, citing drug trafficking and the fentanyl trade. He also wielded it to impose sweeping “Liberation Day” tariffs on nearly every country around the world on April 2, saying the U.S. trade deficit constituted an unusual and extraordinary threat. Trump had since temporarily paused some of those duties.
  • The court ruled that tariffs on Canada, China, and Mexico did not directly address the purported emergencies and that the trade deficit was not an extraordinary threat. Furthermore, authority over tariffs lies with Congress, it said.

What now? The court gave the Trump administration up to ten days to enact its decision.

  • The White House rejected the ruling, with a spokesperson saying “the Administration is committed to using every lever of executive power to address this crisis” of trade deficits.
  • Not all of Trump’s tariffs were affected by the court’s decision, such as those on steel and aluminum enacted using an authority called Section 232. 
  • It was not immediately clear how the ruling would affect trade talks that are underway or have already yielded partial results, such as those with China and with the United Kingdom. Germany and the European Commission declined to immediately comment.

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“The normal [non-IEEPA] trade tools impose procedural hurdles, so the process tends to take time and thus it is a lot harder to raise the tariff from, say, 20 to 50 percent overnight (without notice and comment, etc). So if the Court of International Trade decision stands, the cadence of trade policy will change (massively so), but tariff threats won't be off the table.”

—CFR expert Brad Setser on X

Across the Globe

German weapons for Ukraine. Germany pledged $5.7 billion in new military support for Ukraine yesterday, including joint production of long-range missiles on Ukrainian soil. German Chancellor Friedrich Merz announced the commitments during Ukrainian President Volodymyr Zelenskyy’s visit to Berlin. Meanwhile, Ukraine said it would meet Russia for a next round of peace talks in Istanbul on June 2, but only if Russia shared a position memo ahead of time.

New U.S. visa scrutiny. The United States will “aggressively revoke” visas for Chinese students, including those linked to the Chinese Communist Party or studying unspecified “critical fields,” Secretary of State Marco Rubio announced yesterday. Applicants from Hong Kong would also be affected. Rubio said earlier in the day that a separate visa restriction policy would target foreign officials who censor the speech of U.S. citizens.

Curbs on tech sales to China. The U.S. government has told some companies to stop shipping chip design software and aviation equipment to China, multiple news outlets reported. The Commerce Department said it is “reviewing exports of strategic significance” and has suspended some export licenses as well as added new license requirements. China’s foreign ministry said the policy threatens to disrupt the stability of global supply chains.

West Bank settlement expansion. Israel’s government approved the establishment of twenty-two settlements in the West Bank, Finance Minister Bezalel Smotrich said today. Some already exist as unauthorized outposts. Israeli Defense Minister Israel Katz said the settlements would prevent “the establishment of a Palestinian state that would endanger Israel,” while a spokesperson for Palestinian Authority President Mahmoud Abbas called the move a “dangerous escalation.” 

Hamas leader in Gaza reported dead. Israel killed Gaza-based Hamas leader Mohammed Sinwar in a strike earlier this month, Israeli Prime Minister Benjamin Netanyahu said yesterday. Israel killed his brother, Yahya Sinwar—one of the architects of the October 7 attack on Israel—last year. Separately, as nascent aid distribution continues in Gaza, a crowd rush on a UN food distribution center wounded several people yesterday and may have killed two of them, a UN agency said.

U.S. security contractor in Haiti. Haiti’s interim government hired former Blackwater head Erik Prince to provide private security services in its fight against gangs, the New York Times reported yesterday. Prince’s services in recent months have helped Haitian forces deploy drones to target gang members, though no high-profile targets have been reported as killed or captured. One human rights worker said the drones have killed two hundred people since March. Prince and the Haitian government did not comment.

Iran weighs inspections. Tehran could permit the UN nuclear watchdog to send U.S. inspectors to monitor its nuclear sites if negotiations with Washington produce a deal, Iran’s nuclear chief said yesterday. He maintained that Iran’s demand to maintain uranium enrichment is a red line in the talks. Separately, Trump told reporters yesterday that he warned Netanyahu that striking Iran would be “inappropriate” while the United States is close to reaching an agreement.

EU plans on water use. A European Union plan would call on countries to reduce their water use by at least 10 percent by 2030 in response to increased droughts, according to a draft seen by the Financial Times. It would be the bloc’s first water efficiency target. Sweden has already banned watering gardens with a hose in some areas, and Greece’s largest water company has warned that Athens could run out of water in two years without a change in policy.

What’s Next

  • Today, early voting begins for South Korea’s snap election.
  • Today, the head of the European Council concludes a visit to Brazil.
  • Tomorrow, the Shangri-La Dialogue defense summit begins in Singapore.
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At the Shangri-La dialogue in Singapore last week, U.S. Secretary of Defense Pete Hegseth said that the United States would be expanding its defense partnership with India. His statement was in line with U.S. policy over the last two decades, which, irrespective of the party in power, has sought to cultivate India as a serious defense partner. The U.S.-India defense partnership has come a long way. Beginning in 2001, the United States and India moved from little defense cooperation or coordination to significant gestures that would lay the foundation of the robust defense partnership that exists today—such as India offering access to its facilities after 9/11 to help the United States launch operations in Afghanistan or the 123 Agreement in 2005 that paved the way for civil nuclear cooperation between the two countries. In the United States, there is bipartisan agreement that a strong defense partnership with India is vital for its Indo-Pacific strategy and containing China. In India, too, there is broad political support for its strategic partnership with the United States given its immense wariness about its fractious border relationship with China. Consequently, the U.S.-India bilateral relationship has heavily emphasized security, with even trade tilting toward defense goods. Despite the massive changes to the relationship in the last few years, and both countries’ desire to develop ever-closer defense ties, differences between the United States and India remain. A significant part of this has to do with the differing norms that underpin the defense interests of each country. The following Council on Foreign Relations (CFR) memos by defense experts in three countries are part of a larger CFR project assessing India’s approach to the international order in different areas, and illustrate India’s positions on important defense issues—military operationalization, cooperation in space, and export controls—and how they differ with respect to the United States and its allies. Sameer Lalwani (Washington, DC) argues that the two countries differ in their thinking about deterrence, and that this is evident in three categories crucial to defense: capability, geography, and interoperability. When it comes to increasing material capabilities, for example, India prioritizes domestic economic development, including developing indigenous capabilities (i.e., its domestic defense-industrial sector). With regard to geography, for example, the United States and its Western allies think of crises, such as Ukraine, in terms of global domino effects; India, in contrast, thinks regionally, and confines itself to the effects on its neighborhood and borders (and, as the recent crisis with Pakistan shows, India continues to face threats on its border, widening the geographic divergence with the United States). And India’s commitment to strategic autonomy means the two countries remain far apart on the kind of interoperability required by modern military operations. Yet there is also reason for optimism about the relationship as those differences are largely surmountable. Dimitrios Stroikos (London) argues that India’s space policy has shifted from prioritizing socioeconomic development to pursuing both national security and prestige. While it is party to all five UN space treaties that govern outer space and converges with the United States on many issues in the civil, commercial, and military domains of space, India is careful with regard to some norms. It favors, for example, bilateral initiatives over multilateral, and the inclusion of Global South countries in institutions that it believes to be dominated by the West. Konark Bhandari (New Delhi) argues that India’s stance on export controls is evolving. It has signed three of the four major international export control regimes, but it has to consistently contend with the cost of complying, particularly as the United States is increasingly and unilaterally imposing export control measures both inside and outside of those regimes. When it comes to export controls, India prefers trade agreements with select nations, prizes its strategic autonomy (which includes relations with Russia and China through institutions such as the Shanghai Cooperation Organization and the BRICS), and prioritizes its domestic development. Furthermore, given President Donald Trump’s focus on bilateral trade, the two countries’ differences will need to be worked out if future tech cooperation is to be realized.