Judge finds tariff policy illegal; ruling is ironclad

[struggle4progress]

MSNBC
Aug 30, 2025

Last night, a federal appeals court ruled that most of Trump tariffs are illegal, explaining that the President misused his authority when he imposed them under an emergency-powers statute. The court said that only Congress had the authority to apply such a sweeping measure. The Trump administration will likely appeal this ruling to the US Supreme Court.

[JustAnotherGen]

1. Just waiting

For the ability to request exclusion refund.

I'm going to get that $ back for my company.

[Fiendish Thingy]

2. And that's exactly what the Trump administration will argue why the lower court ruling should be overturned

Because to refund all the tariffs paid so far would be financially disastrous for the country and the economy.

Wait and see.

[JustAnotherGen]

4. That's incorrect

The 301 (China) Tariff Lists (there were four tranches) allowed for multiple exclusions over the years.

Prior company as Trade Compliance Officer (Hyper scale data manufacturer) September 24, 2018 to.September 24, 2019 annual tariff for parts and components (motherboards, chips, cables, cpus, gpus, etc etc) went from about $2M.to $98M annually.

Exclusions on List 3 & 4 enabled me to claw back $28M for that year alone.

My substitution drawback 1st claim was $30M.

I've been doing this a long time. I'm a Licensed CB, CES, Classification master, etc etc. I'm head hunted weekly and sought after for insight and perspective on managing Global Trade.

BTW - the 301's and 232's were continued under Katherine Tsai's leadership as US Trade Rep.

Some people at DU are passionate about Gaza, Environment, etc etc.

This isn't passionate opinion for me. Its how I make my living. I live in CFR 15 and 19 and the HTSUS.

[Fiendish Thingy]

5. I think you Misunderstood me

I’m not saying it’s impossible to refund tariffs (clearly it isn’t, as that is what you do for a living); what I’m saying is, the Trump administration will argue to SCOTUS it is impossible , and potentially financially ruinous, to refund the money collected from new 2025 tariffs, and so the lower court’s ruling must be overturned, and the tariffs allowed to continue.

Scott Bessent has said as much - he claims $500 billion, that’s half a trillion, has been collected already, and cannot be refunded.

Now, I’m not saying Bessent’s claim is true and accurate, I’m just saying that is the argument that will be made to the court.

Wait and see.

[JustAnotherGen]

6. Ahh - i see

I think Neal Katyal listened to the Trade Orgs - and that his case was air tight.

I think SCOTUS will say we aren't at war, and Bessent is full of shit.

I'm also hoping that a few key countries enact a trade embargo against the USA. If we can't export there - it will blow up the economy faster.

[Fiendish Thingy]

7. I agree on all points. Nt

[Ms. Toad]

3. I've only skimmed the decision - but two Obama-appointed judges dissented.

So that tells me it may not be as ironclad as George Conway believes it to be.

I haven't identified the appointments of all of the judges, but I believe 4 were appointed by Republicans - which would put two of them siding with the majority.

I'll read it more thoroughly - especially the dissent - but not tonight.