Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

DemocratSinceBirth

(101,171 posts)
Fri Aug 29, 2025, 06:18 PM Friday

****BREAKING**** Appeals Court Finds Many Tariffs Were Issued Illegally

A federal appeals court ruled on Friday that many of President Trump’s most punishing tariffs are illegal, delivering a major new setback to the administration that may severely undercut its primary source of leverage in an expanding global trade war.

The ruling, from the U.S. Court of Appeals for the Federal Circuit, affirmed a lower court’s finding that Mr. Trump does not possess unlimited power under the law to impose taxes on nearly all U.S. imports. But the appellate judges delayed the implementation of their order until October to grant the administration time to seek review by the Supreme Court, which would allow Mr. Trump to keep his contested duties in place for now.

MORE

https://www.nytimes.com/live/2025/08/29/us/trump-news#trump-tariffs-appeals-court


They're actually doing TACO a favor.
19 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
****BREAKING**** Appeals Court Finds Many Tariffs Were Issued Illegally (Original Post) DemocratSinceBirth Friday OP
Keeping in place until October JustAnotherGen Friday #1
Funny Chris Hayes missed that gab13by13 Friday #5
repubes have no respect for the law BoRaGard Friday #2
They aren't doing TACO a favor, gab13by13 Friday #3
Supreme Court will rule lowwe courts Johonny Friday #4
The Supreme Court certainly isn't afraid, gab13by13 Friday #6
I fear you're right True Dough Friday #12
excuse me? NJCher Friday #15
The court has recently ruled on matters Johonny Friday #18
Citation NJCher Friday #19
Shit, might just as well ruled in TSF's favor. bluestarone Friday #7
how does it help them? NJCher Friday #16
So If Trump Loses modrepub Friday #8
I'm just guessing, but NJCher Friday #17
NSS No Sh@t Sherlock Pas-de-Calais Friday #9
Tariff Payment Paper Trail Is Critical for Building Refund Case LetMyPeopleVote Friday #10
A fair, unbiased appeals court would have required Anal Fistula to increase the tariffs by 50%. 3Hotdogs Friday #11
Ketchup be flyin'! nt Javaman Friday #13
Good point. TACO and the gop could gain by this. C Moon Friday #14

JustAnotherGen

(36,873 posts)
1. Keeping in place until October
Fri Aug 29, 2025, 06:22 PM
Friday

Sept 30 is the financial year close for fed gov.

Next month is going to be tense.

gab13by13

(29,632 posts)
5. Funny Chris Hayes missed that
Fri Aug 29, 2025, 06:33 PM
Friday

Maybe why I only watch him off and on.

The SC has a full slate of cases, will this bump to the front of the line?

I think Hayes insinuated the tariffs were off now. Do the tariffs automatically come off on Oct. 1st?

gab13by13

(29,632 posts)
3. They aren't doing TACO a favor,
Fri Aug 29, 2025, 06:30 PM
Friday

Krasnov doesn't give a shit if inflation hits 30%, he wants a weak dollar and strong Crypto. Krasnov does stuff to benefit Krasnov.

If the Supreme Court upholds the Appeals Court I hope that Krasnov put those billions of dollars in tariff taxes in a safe place and didn't put the money in his Sovereign Wealth Fund.


Johonny

(24,483 posts)
4. Supreme Court will rule lowwe courts
Fri Aug 29, 2025, 06:33 PM
Friday

Don't have jurisdiction to issue verdict on all tariffs and each tariff must be prosecuted individually thus keeping issue alive forever because this court is too afraid to take on Trump.

gab13by13

(29,632 posts)
6. The Supreme Court certainly isn't afraid,
Fri Aug 29, 2025, 06:36 PM
Friday

it gave President Trump unprecedented immunity.

The Supreme Court has been paid to issue these kinds of rulings, billionaires own them. If they rule against Trump then they may become fearful.

NJCher

(41,257 posts)
15. excuse me?
Fri Aug 29, 2025, 09:48 PM
Friday

Have you even read the story?

You said: each tariff must be prosecuted individually

Courts generally consolidate. It is highly unlikely they would do this.

Furthermore, tariffs are not even in the list of emergencies!

And then there's this:

Even if IEEPA could be read to delegate some tariff authority, Section 122 of the Trade Act establishes that, at a minimum, that authority does not include the power to impose the Global Tariffs.
from: V.O.S. v Trump, p. 26
https://libertyjusticecenter.org/wp-content/uploads/V.O.S.-v.-Trump-Appellees-Brief-FILE-STAMPED.pdf

Johonny

(24,483 posts)
18. The court has recently ruled on matters
Fri Aug 29, 2025, 10:23 PM
Friday

Not even before the court. Many fear they will do this again to avoid ruling on the merits of the actual case.

You are excused.

NJCher

(41,257 posts)
19. Citation
Fri Aug 29, 2025, 11:30 PM
Friday

I am lol that you even think that’s a response. Vague. Abstract. No specifics.

“ Many fear…”. Trump says that a lot.

NJCher

(41,257 posts)
16. how does it help them?
Fri Aug 29, 2025, 09:50 PM
Friday

I'd like to hear some specifics. If you're referring to the time until Oct., courts always give the time to respond/appeal.

modrepub

(3,916 posts)
8. So If Trump Loses
Fri Aug 29, 2025, 06:52 PM
Friday

Does he have to write refund checks to everyone? Or will this go to "class action" status and where everybody gets a check for $2.30 after legal fees are paid?

NJCher

(41,257 posts)
17. I'm just guessing, but
Fri Aug 29, 2025, 09:52 PM
Friday

they might set it up as an application type process and then they will return the money as a credit. By doing it this way, they could avoid a major bureaucracy to refund the $$.

LetMyPeopleVote

(169,179 posts)
10. Tariff Payment Paper Trail Is Critical for Building Refund Case
Fri Aug 29, 2025, 08:46 PM
Friday

trump and company promised the courts that they would refund any tariffs if they lose as a condition of the appeal of the first judgment. Lawyers are advising people and businesses on what information may be needed to get a refund of tariffs



https://news.bloomberglaw.com/in-house-counsel/tariff-payment-paper-trail-is-critical-for-building-refund-case

Trade lawyers are telling clients to keep thorough records of the tariffs they’re paying—starting immediately if they haven’t already—ahead of a court decision that could result in billions in refunds pouring back to companies......

Whether companies get a refund, how much gets refunded, and the process for getting money back to companies all hinge on the outcome of the litigation.

“A lot is riding on this case, both for the future as well as for the tariffs that have been collected already,” said Ginger Faulk, a partner at Eversheds Sutherland who leads the firm’s US and global sanctions practices.....

If the court declares the tariffs were entirely illegal, it’s almost certain that levies already paid would be eligible for a refund, said Michael Lowell, chair of Reed Smith’s global regulatory enforcement group.

The decision could also be more nuanced than a simple yes or no, Gamalski said. For example, the court could point to particular stretches of time when the legal status of the tariffs changed. It could rule that the national emergency justification for using IEEPA to impose tariffs was valid for some countries, but not others.

Any of those outcomes could require companies to more finely parse out what they paid and when, she added.

Meanwhile, lawyers said, it’s also not clear if refund payments would be issued automatically, or if companies would need to calculate what they’re owed and file for their refunds themselves.

“You should have all of your data ready because you might be going for everything; you might be having to isolate some of that,” Gamalski said. “And if you are starting at square zero of pulling everything together, it’s going to be just that much harder.

Collecting the refund of the tariffs will be interesting and fun to watch
Latest Discussions»General Discussion»****BREAKING**** Appeals ...