This week, a panel of unelected judges effectively overturned the will of the electorate and hamstrung the ability of President Donald Trump and all future presidents to negotiate with foreign nations on trade. A federal appeals court has paused that ruling and reinstated the tariffs – for now – but the resulting chaos is bad news for American workers and businesses.
The saga began on Wednesday when the obscure Court of International Trade ruled that Trump does not have authority to enact sweeping tariffs under the International Emergency Economic Powers Act of 1977 (IEEPA). Trump has used that law as the legal basis for most of the tariffs imposed during his second term, including the 10 percent baseline “Liberation Day” tariffs levied on almost every U.S. trading partner in April.
IEEPA specifically grants the president authority to regulate commerce in response to an unusual or extraordinary threat to national security, foreign policy, or the economy which originates in whole or substantial part outside the United States. It allows the president to block transactions and freeze assets without prior approval from Congress, once a national emergency is declared.
In other words, it says that if there is a legitimate national security reason to enact tariffs, the president has the power to unilaterally do so.
Trump has argued that U.S. reliance on China and other foreign suppliers constitutes such a national security threat. As the administration has repeatedly stated, events like the COVID-19 pandemic showed how dangerous it is for the United States to depend on Chinese supply chains – particularly for materials necessary in U.S. military and healthcare equipment.
In its ruling, however, a three-judge panel on the Court of International Trade wrote that “The court does not read IEEPA to confer such unbounded authority and sets aside the challenged tariffs imposed thereunder.” It was, in effect, a wrecking ball smashing into Trump’s tariff agenda.
The administration quickly appealed the ruling, and on Thursday a federal appeals court temporarily paused the ruling from the Court of International Trade. As a result, the tariffs will remain in place until at least June 9. The White House has indicated it plans to seek further emergency relief from the U.S. Supreme Court.
Regardless of the outcome of the appeals process, however, the initial ruling is yet another egregious judicial power grab and has upended Trump’s ability to deliver on what voters sent him to Washington to accomplish last November.
As White House spokesperson Kush Desai argued, it should not be “for unelected judges to decide how to properly address a national emergency.” True enough. Lawyers will debate the merits of the court’s holding that America’s gargantuan trade deficit and reliance on the country’s top geopolitical rival for basic goods does not constitute an “emergency.” It could well be the case that the ruling is swiftly overturned on appeal and Trump’s tariffs are allowed to remain in place.
But in the immediate term, it’s worth taking a look at the disastrous effects of this ruling for American democracy and the ability of the Trump administration to secure better deals for American workers and businesses.
There is no denying that, when it comes to tariffs, Trump is doing exactly what voters elected him to do. Tariffs were a central part of Trump’s 2024 campaign platform. He specifically proposed a universal baseline tariff of 10–20 percent on all imports, with higher rates for specific countries – 60 percent or more on Chinese goods, 25–100 percent on Mexican imports, and 100 percent on all foreign-made cars.
In other words, tariffs were not some throwaway policy or hidden item tucked away in the pack of his platform. They were the defining theme of his trade agenda, and the central tenet of his pledge to restore American manufacturing. When 77.3 million Americans cast their ballots for Trump last year, they were voting for tariffs.
Yet now three unelected judges in New York have substituted their own judgment of what constitutes a national security emergency in place of the judgment of the duly elected President of the United States. In doing so, they have decreed that Trump cannot pursue the policy voters elected him to pursue.
The decision has also thrown the administration’s ongoing negotiations with foreign nations into chaos. Trump’s tariffs were working – dozens of countries were rushing to the negotiating table to rewrite deals. But the judicial branch has cut Trump off at the knees, taking away his hard-won leverage. Why should any foreign leader make concessions to the United States to lower tariffs when they now have reason to believe American courts will overturn the president’s authority to levy tariffs in the first place?
This ruling is more than a legal setback – it’s a constitutional insult and a blow to democratic self-government. If courts can now override a president’s emergency powers – clearly outlined in law and backed by the electorate – then elections no longer mean anything. This is not judicial review; it is judicial supremacy. And unless the decision is overturned, it sets a dangerous precedent for the future of presidential authority and American sovereignty.
Shane Harris is the Editor in Chief for AMAC Newsline. You can follow him on X @shaneharris513.
The Left continues their strategy to disrupt the rebound of the nation to normalcy so they can remain in power in the different branches of our government. This power struggle is not what our Founding Fathers wanted, and they warned what would happen if this situation reared its ugly head. We are now witnessing where a small group is power playing against the will of the people. THIS IS A WAR THAT WE, THE PEOPLE, CANNOT AFFORD TO LOSE!
We the People insist the Courts be cleansed of Traitorous Democrat Judges!
I wish the writers of this and other articles would cease referring to this country as our *democracy*. Nowhere in our Constitution is that word found. Our founding Fathers hated that form of government and gave us a Constitutional Republic, NOT a democracy. Stop using that word and misleading the people. Educate them, please.
Conrary to what the left believes, it is the unelected judiciary that poses a threat to America, not President Trump
ANOTHER COURT INTERFERING WITH THE EXECUTIVE BRANCH PERFORMING THEIR RIGHTFUL DUTIES FOR THE AMERICAN PEOPLE!!! THIS UNELECTED COURT NEEDS TO BE DISSOLVED AND RE-THOUGHT ON HOW IT SHOULD FUNCTION!!
I’m sick and tired ofvthese “woke” judges holding the American people hostage simply I think of the hatred toward President Trump. Seems it’s a pandemic among the left and it’s ruining this country. Congress needs to get up off their asses and actually DO something about this because it can be put to a stop. Trump’s personality I’ve heard folks say is a piss poor reason to hate him. He’s cleaning up corruption and trying to put the people in this country first. I don’t give a damn about how his personality is. I voted for him to get things done!! I myself am a huge fan of his because of his bulldog way of doing things. Just look at Tom Holman, same cut from the cloth. Thanks to Mr. Harris for once again a great article.
One way or another Democrats mean to take America down a road of poverty, community organized by the judiciary.
Time for the Republican held Congress to grow a spine and start reigning in this out-of-control judicial branch it is supposed to oversee by beginning impeachment, and disbarment procedures for federal judges who erroneously believe their job is to make policy, censure the head of the executive branch, and legislate from their short bench without regard for the U.S. Constitution. Loss of position, career and career field, as well as pension, privileges, and accreditation is a necessary step to deter those atrocities from re-occurring in the future, and to maintain a functional federal government. Time to get off your collective duffs Congress if you still want a seat in it in the next session!
It is past time for so called republicans in congress to actually work together to put a stop to these activist judges. SCOTUS also needs to reign in the lawfare that is working against the will of the people. UNELECTED people have no business making or blocking national policies.
Courts dont belong doing this, END this farce
This is nothing but a judicial coup. If these communist judges are allowed to keep doing this, we’re in big trouble!
How many times does a liberal judge have to pronounce some edict against the dully elected President before they can be impeached?
Sure is nice the patriotic Americans plan by the rule of law.
Just saying.
I am SICK AND TIRED of these damned judges making liberal decisions to DESTROY our country!!!!
The bought judges ruling was to hamstring Trump to rescue this country from bankruptcy, in addition also destroy America. We have to become a third world country by feeding all the people all over the world . But first the democrats in power will take their share as DOGE has shown. Evident by the vehement opposition the democrats have shown toward DOGE and Elon Musk. Going so far as to destroy Tesla dealerships and privately owned Teslas all of over the country. And the democrats in power encouraged it. Elon was taken their bonus payments away. Biden spent almost a quarter of a billion dollars the last 2 months in power. Like one person said they were dumping money like the Titanic was sinking. I paraphrase but you know what he said. Well they got what they wanted. Elon is gone but DOGE goes on. They might slow things down but the lying conniving democrats will be exposed. No court in the land can save them.
More Negative Rhetoric from the Far Left Radicals!
Democrats you lost the Election!
We the people will not yield to your attacks!
DON’T FORGET THAT!
I’m sick of these judges thinking they run the country. They do not. And we are going to find a way to fire them if they don’t straighten up.
One consequence of our wonderful freedoms is the threat of unscrupulous actors outside our borders taking advantage of them to further their negative ambitions towards the United States. The Executive Branch of our government is our only assurance outside actors are not taking advantage of our citizens. The Left, in a bid to return to political power, is hamstringing the Executive Branch with claims of dubious “Constitutional process errors” to ingratiate themselves to the electorate. In addition, a few corporate interests are exploiting foreign labor markets at the expense of working Americans and donating to those politicians who enable them to do so. All the while hamstringing our national security and severely damaging the livelihood of our working citizens. We cannot allow this to happen!!
This isn’t about tarrifs, it’s all about blocking their political opponent. Furthermore, you said it all when you said New York. There isn’t a single honest, unbiased judge there.
A wee bit of history on the democrat party…no doubt these unelected “judges” are democrats. The party of slavery…they “owned” slaves. The party that went to war to keep their slaves…the Civil War (how in heck is war civil??) Fast forward a bit: the hanging party; I’ve seen old black and white photos of “slaves” who’d run away and were caught…and hung from bridges. Remember the Ku Klux Klan…the white sheets and pointed hats (how apropos), threatening slaves by burning crosses in front of their shanties, whippings, rape, torture…this is the party of border elimination, deliberate weakening of our criminal justice system, who have literally done everything they can and no doubt are “thinking” up more to destroy this Constitutional Republic….IE: what is the common reference to our Republic? “democracy”. What is “democracy”? Mob rule et el.
Which party is maniacally going after our 2nd. Amendment rights folks…? Wanna be “rulers” cannot abide guns in the hands of the people. What “president” sabotaged the well planned exit from Afghanistan putting untold numbers of Afghani friendlies in danger? Who left about $85 Billion in the highest tech weaponry? Who no doubt with his previous “president” Hussein Obama began the push to deliberately and with malice put children in danger by pushing a “trans-sexual” agenda?
A bit of recent history: What president presided over the harassment, attacks by military, law enforcement, FBI, ATF, and various other alphabet agencies for 51 days against a group of people who lived a different lifestyle yet were well known in the community, liked by neighbors and were part of the little town of Waco, Texas? Folks that were shot at, various other tortures, helicopters shooting into the roof, military climbing on the roof and shooting at anything that moved. Ultimately when the moms and young children ran to the basement as a last resort…they were CS gassed. CS gas is what Hitler used on the Jewish people. I’ve seen photo’s of the concrete walls in the “showers” at Auschwitz, gouged by bare fingers from the agony.
The president was William Jefferson Clinton, still around and no doubt with his “wife” Hillary who may have even “suggested” the mass killing of Americans. Hillary did her final thesis in college on Karl Marx. I read a short story on him…OMG!!
The absolute bottom line Americans is to reduce our nation to a ruled country. Cuba our nearest neighbor was once a free nation. Then Castro rolled in. If you look at a map of the world how many nations are ruled by dictators. So far our Bill of Rights, our judicial system (tho’ it’s been incrementally weakened) Our Declaration of Independence, our Constitution. And only next to free speech folks, the Second Amendment. Our Founders escaped a dictatorial king and founded one nation Under God, with Liberty and Justice for all. The democrat party is the party of “rulers” and so far the system our Founders set up…men infinitely smarter and more savvy than most who would rule our nation, is still basically intact…but there are tears showing and they will get worse unless we’re willing to put it all on the line. We have a President who understands this more than most.
Take absolutely nothing for granted…nothing. One last thing, after Clinton burned and CS gassed American citizens to death, Militias formed in-mass all over the nation. I read a quote online that a democrat opined: “We’ll wait for a more “opportune time” to disarm the people.” Those who formed those militias are a lot older now, some have passed. I can’t help but wonder, are there any out there any more willing to put it all on the line should the party of treason decide to attack our Constitutional Republic…to be willing to fight like hell to preserve it?
Forgive me if I’ve posted something like this in the past. I saw the destruction, I saw the CS gas blown in on mom’s and kids, I saw the flames, even now the tears come…God help us if this is ever allowed in this Republic again. Once in a lifetime something happens that blows it out of the water like nothing else ever will again…If you’re not familiar with 1994 and the mass murder of Americans…get familiar.
Forget impeachment which will never get the votes required.
Judges in the courts created by Congress can be removed for “failure to maintain a standard of good behavior” with just a majority vote in the House and Senate.
Fear of Trump. his agenda and danger it represents to their existence is the motivation behind the decisions, nothing to do with facts, truth or justice itself. Self preservation is a powerful motivation, right or wrong is not not even in the equation.
Congress needs to step in and pass laws to limit the authority of these loose cannon courts.
I believe the ‘left’ is out to stop anything this president does. They couldn’t care less if it is good for the USA, they want to destroy President Trump and in that course, the America we all know and love. GOD Bless us all.
The CONSTITUTION READS THAT THESE FEDERAL JUDGES HAVE NO POWER .!! THEY ARE OVER STEPPING BOUNDRIES.!! WE ARE ‘ A CONSTITUTIONAL REPUBLIC ” ..!! DIFFERENT FROM DEMOC-RACY..!!
All this takes place as republicans stand by and do nothing, as usual. IMO
Just another example of how totally screwed up our government has become. Voters need to get busy and vote all those who are not for American interests out. When we get rid of the liberal politicians that appoint the liberal judges that work to install their agenda, things might slowly return to sanity and that in turn will help make America great again.
These judges must be removed and or their power reduced significantly. This has been done before when the judiciary engages in political lawmakers and the will of the people period!
The founders were well acquainted with Judicial tyranny, which is why they gave the courts no enforcement power of their own. The President is defined as the Chief Magistrate, and as long as the military follows his orders, he is free to ignore the Supreme Court as Lincoln and Jackson famously did. In most cases it is best to allow the Supreme Court to overrule bad decisions, or Congress to pass laws to the President’s liking, but in a conflict between the Court and the President where Congress refuses to act, the President wins. Congress has ultimate power because it can remove both presidents and judges, but it takes at least a 2/3 majority. Very hard to achieve with the current partisan makeup.
Obummer and his handler’s weren’t stupid. They replaced strong military leaders with those who would follow the socialist directions they received and replaced Judges with activists on purpose, to support his “Fundamental Transformation,” aka destruction of the Western Life Style.
We can’t drive our SUVs and eat as much as we want and keep our homes on 72 degrees at all times… and then just expect that other countries are going to say OK. That’s not leadership. That’s not going to happen.
Barack Obama
Jan. 31, 2009
It’s time to stop all those liberal judges trying to legislate. That said, they need to be reprimanded and lose their positions as judges. Time for president Trump to ignore and over ride and ignore them like the majority of citizens do.
It is absolutely outrageous that any judge could have ANY control over our elected officials, especially our elected President!!!
These judges should immediately be arrested & thrown into a Federal Prison for Treasonous Acts!
They are lawyers with the privilege of acting as a judge in court. They are not elected officials!
The ridiculous part of all of this is that anyone even pays attention to their so called orders!!!
Between the courts, Congress, bureaucracy, and the White House, the federal government has become a massive (in a fishing term ) BIRD’S NEST. It is too big, too complicated, self-righteous, and out of Constitutional control. Not one of the mentioned entities abides by the Constitution, a document drawn up to define the various duties within our government and more importantly, the limits on our federal government. With the actions of and statements from all, it is obvious none have read it, much less studied it’s framers writings and debates in depth, which therein lies the meaning of every sentence in the document. The Constitution, in the eyes of those in the government, has become a museum piece of history with little or no bearing on their actions, other than to be misinterpreted and misused for their purposes. What’s even worse, one former POTUS was said to have called it “Just a God D*** piece of paper.”
There are a couple of “schools” in the DC region that famously produce many of the minds that populate government in various positions today and from what they do, it is obvious the Constitution has not been included in their curriculum while centralized power, internationalism, and socialism seem to have been.
What this nation needs is a massive downsizing and limiting of the federal government based on what the Constitution was written for, where the States were and should be superior to the federal level. This will also require some of the Amendments that changed original text of the document to be repealed.
Calling the United States a Democracy goes back to the late 1940s. The infamous FDR claimed that we ( the United States) were fighting for democracy in WW2.) This false narrative was used in old radio programs as a propaganda tool to brainwash the people.
But why are we using an emergency reference for tariffs? Under what condition or legislative acts do other countries set their tariffs? Who is allowed to set our economic policy (like tariffs)? Is trump using the IEEPI to get around congress (understandable)? Using IEEPI seems a long stretch, or do we expect the tariffs to be short-term? I agree we need to not depend on so many other countries for our basic, vital needs. Keep the tariffs but use a more “sturdy” reason to cement them.
Investigation on these rogue Judge’s going against the best interest of the American People Following the Money will work it always does.
They have videos on YouTube about how John Deere and Case/IH farm equipment companies are moving their production out of the country and how terrible it is. And they blame Trump and his tariffs and how catastrophic it will be for farmers and the food supply etc etc.
Enemies of America need to be investigated, and if violations have occurred, a Grand Jury and a trial.
US has people in powerful positions who will stop legitimate actions of a careful executive if they can. Now we will find out if people who would not recognize a threat because it is too close to their own objectives – do they rule no matter who is elected?
These people are evil, not caring about the country we live in- just trying to as the article states? Chop him off at the knees.
They aren’t understanding that we the voters know what the tariffs are being placed,higher percentage.
It’s to help even the trade,product supplies easier for the consumer.
Unelected judges? Seriously? All federal judges are unelected. This three-judge panel was appointed by Presidents Reagan, Obama and Trump.
The left is really trying to delaying, along with Chinese trying break the trade is very concerning,
Not an overreach of power, it is called checks and balances and the Court is keeping the executive power in line. President Trump has repeatedly over stepped his executive powers.
In this instance these actions by this court may simply be calling out that no, we don’t live in a Monarchy so no, President Trump does not have unlimited power to do whatever his increasingly buffoonish ass wishes to.
“Article 1; Sec. 7: “The Congress shall have power to lay and collect taxes, duties, imposts, and excises…..” The judiciary does not set policy, they check unconstitutional acts. That simply is how they carried out their duty here. The Emergency Economic Powers Act never was intended to become a blank check for world economic warfare. A president cannot simply declare an emergency and start swinging the tariff axe. If we want our current champion to be excused from “the chains of the constitution” (Jefferson) in this instance, where do we stop? More critically, assumed powers assumed by one president (FDR?) are unfortunately passed onto succeeding presidents. Do we really want the next democratic (groan) president to self-interpret the constitution and where will be our constitutional standing to rebut him?
Sorry AMAC but this article has this wrong. The law Trump is citing to do his tariff realignment thru was passed by Congress with limited powers given to the executive branch. Placing tariffs on a country like China isn’t a problem since they do represent a problem. But placing tariffs on all countries just to right a wrong according to Trump is NOT an emergency. Trump can still do tariffs on areas like pharmaceuticals, steel, and other areas but tariffs are TAXES and money issues are part of the Congressional area per the Constitution. Trump has exceeded his power with some of this and now the balance of powers comes into play! Thank God for our Constitution! Trump is not above the law either! Play within the rules and everything will work out!