Federal Trade Court Strikes Down President Trump's Tariffs

Key Takeaways

• On May 28, 2025, the Court of International Trade ("CIT") issued a decision vacating and permanently enjoining several of the Trump Administration's executive orders declaring national emergencies and imposing tariffs to address those emergencies.
• The CIT concluded that the statutory delegation to the President to "regulate . . . importation" to deal with an extraordinary and unusual threat could not be stretched to grant the President the limitless delegation that would be necessary to justify the tariff orders.
• The CIT also found that the "political question doctrine" did not bar it from reviewing whether the President had properly invoked the national emergencies law, striking a blow to the Administration's argument that such issues are beyond judicial review.