An appeals court declared some of Trump's tariffs unconstitutional, although they will remain in place until October

The Court of Appeals for the Federal Circuit struck down much of the tariffs implemented by Donald Trump. The ruling explicitly targets the emergency powers that the president has used to carry out his tariff policy. The White House advanced that they will appeal to the Supreme Court before the decision takes effect next October 14.

The ruling was 7-4 and states that the way Trump implemented the tariffs is unconstitutional, since that power belongs to Congress. Specifically, they cited the White House's use of the International Emergency Economic Powers Act of 1977 (IEEPA) as an example of usurpation of legislative functions.

At the heart of the issue is the passage of the law that gives the president the authority to "investigate, regulate or prohibit" transactions in import, export, financial transfers or foreign property during a declared national emergency. The debate between these judges and the White House lies in the scope of the term "regulate."

For the court, the cited legislation allows the president to impose certain economic sanctions to counter an "unusual and extraordinary threat" in an emergency, which does not encompass the level of sanctions implemented by Trump.

"Because we agree that IEEPA's grant of presidential authority to 'regulate' imports does not authorize the tariffs imposed by the Executive Orders, we affirm," the majority wrote. They added that the phrase "regulate importation" falls far behind the "broad" power exercised by the Trump administration on tariffs.

The majority consisted of six Democratic-nominated justices and one Republican-nominated justice. In dissent was Richard Taranto, nominated by Barack Obama, who understands that the scope of the announced tariffs is within the powers granted by IEEPA.

"We conclude that IEEPA's authorization of presidential action in this realm is not an unconstitutional delegation of legislative authority under the Supreme Court's decisions, which have upheld broad grants of authority, including tariffing authority, in this foreign-affairs-related area," Taranto wrote.

As stated in the National Constitution in Article I, Section 8, Congress "shall have Power To lay and collect Taxes, Duties…To regulate Commerce with foreign Nations," not the president. However, in recent decades, the power to set tariffs has been selectively delegated to the Executive Branch.

In its ruling, the court also cited the doctrine "major questions," which states that, if a measure has "enormous and transformative" political and economic consequences, explicit congressional delegation is required. This doctrine has been key in recent decisions to limit the broad delegation of powers to the executive branch.

Trump's response: We will go to the Supreme Court

Through his Truth Social account, the president remarked that the tariffs are still active and that they will go to the Supreme Court to try to overturn the ruling.

"The U.S.A. will no longer tolerate enormous Trade Deficits and unfair Tariffs and Non Tariff Trade Barriers imposed by other Countries, friend or foe, that undermine our Manufacturers, Farmers, and everyone else. If allowed to stand, this Decision would literally destroy the United States of America" Trump wrote.

"At the start of this Labor Day weekend, we should all remember that TARIFFS are the best tool to help our Workers, and support Companies that produce great MADE IN AMERICA products. For many years, Tariffs were allowed to be used against us by our uncaring and unwise Politicians. Now, with the help of the United States Supreme Court, we will use them to the benefit of our Nation, and Make America Rich, Strong, and Powerful Again! Thank you for your attention to this matter," he added.