DOJ Appeals

.@POTUS Trump found there was a national emergency and took action under the law by imposing tariffs.

The judges of the Federal Circuit are interfering with the President’s vital and constitutionally central role in foreign policy.

This decision is wrong and undermines the…

— Attorney General Pamela Bondi (@AGPamBondi) August 29, 2025

… United States on the world stage. @TheJusticeDept will appeal this decision and continue to fight to restore the president’s lawful authority.

I've carefully reviewed the big tariff decision finding @RealDonaldTrump's emergency tariffs to be unlawful. It is wrong and should be overturned by the Supreme Court.

The ability to impose foreign tariffs in response to a national emergency may seem like a significant power,…

— Tom Fitton (@TomFitton) August 30, 2025

… but similar grants of authority have been made by Congress throughout history, especially in foreign policy.

And a plain reading of the relevant law obviously grants the President authority to impose certain tariffs during declared national emergencies. The statute directly empowers the President to "investigate, block during the pendency of an investigation, regulate, direct and compel, nullify, void, prevent or prohibit, any acquisition, holding, withholding, use, transfer, withdrawal, transportation, importation or exportation of, or dealing in, or exercising any right, power, or privilege with respect to, or transactions involving, any property in which any foreign country or a national thereof has any interest by any person, or with respect to any property, subject to the jurisdiction of the United States."

To suggest that this expansive language permitting him to completely block and regulate trade during a foreign policy somehow excludes tariffs is illogical. As the dissent aptly states: "Taxing through tariffs is just a less extreme, more flexible tool for pursuing the same objective of controlling the amount or price of imports that, after all, could be barred altogether."

If Congress doesn't like the Trump emergency, Congress can repeal or amend the underlying law. In the meantime, the courts have no business interfering with President Trump's foreign policy decisions, which are also backed by a powerful congressional statute.