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A federal appeals court just BLOCKED the BLOCK put in place yesterday against President Trump’s use of tariffs.
This is an enormous victory — even if temporary in nature — given that the real issue isn’t tarrifs.
The real issue is PRESIDENTIAL AUTHORITY.
In essence, the US International Trade Court ruled yesterday that President Trump did not have the authority as the EXECUTIVE to unilaterally leverage tariffs.
Today’s ruling put the brakes on that ruling, setting the stage for more court battles over whether judges, or Presidents, ACTUALLY hold Executive Authority in the United States.
Benny Johnson broke the news a short time ago:
BREAKING: The U.S. Court of Appeals for the Federal Circuit rules to reinstate President Trump’s “Liberation Day” tariffs during the appeal process. pic.twitter.com/Q5NdFzyX5V
— Benny Johnson (@bennyjohnson) May 29, 2025
Details are still emerging, but a panel of judges agreed with the Trump Administration’s appeal.
Peter Doocy dropped a great question today that sarcastically highlighted the real issue during the White House press briefing.
While his question on the President’s ability to shape policy is funny, it also reveals a serious blight on our Constitutional Republic — and the power struggle now playing out in these court cases:
Peter Doocy drops the real question:
“If the courts are going to be the ones shaping policy, does the president wish he would have just become a judge instead?”
pic.twitter.com/Qm6LJ3YsCw— Benny Johnson (@bennyjohnson) May 29, 2025
Here’s a full screen player of that video for convenience:
Peter Doocy drops the real question:
“If the courts are going to be the ones shaping policy, does the president wish he would have just become a judge instead?”
pic.twitter.com/Qm6LJ3YsCw— Benny Johnson (@bennyjohnson) May 29, 2025
The Constitution is clear on that point — policy is shaped by the Executive.
The courts have simply overstepped their mandate, and need to be put back in the box.
In the mind of the Founders, the judicial branch was intended to be the weakest of the three branches for a reason.
Otherwise, the primary powers of governance (legislating laws and executing those laws) would be unavoidably and unnecessarily hampered by a needless “third wheel”.
I don’t think they ever called it a third wheel, but Alexander Hamilton did say this about the judicial branch in #78 of the Federalist Papers:
Whoever attentively considers the different departments of power must perceive, that in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the constitution; because it will be least in a capacity to annoy or injure them. The executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary on the contrary has no influence over either the sword or the purse, no direction either of the strength or of the wealth of the society, and can take no active resolution whatever. It may truly be said to have neither force nor will, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments. (Emphasis added).
Only a few paragraphs later, Hamilton called the judiciary the “minor party” compared to the Executive and Legislative Branches.
That is the issue we must return to it’s rightful position, which today’s ruling hints at.
But today’s overturned ruling only TEMPORARILY changed the block on tariffs, according to the New York Post:
A federal appeals court put the brakes Thursday on a lower court order that overturned most of President Trump’s sweeping tariffs.
A full 11-judge panel on the US Court of Appeals for the federal circuit stayed the order by the Manhattan-based Court of International Trade while the White House appeal is heard.
The tariffs had been challenged by a dozen states and five small businesses — which the appeals panel gave until June 5 to respond to Thursday’s stay.
The “stay” on yesterday’s block doesn’t exactly agree with the Trump Administration’s stance on Executive authority.
What it does do is give time for that issue to be hashed out in court, as CBS News explained in this breaking news report:
There have been a litany of rulings against the Trump Administration since he took office, specifically regarding his use of tariffs in leveling the international economic playing field.
His campaign promise to effectively fix the trade imbalances that have long put American workers at a disadvantage is being fulfilled, one court fight at a time.
Karoline Leavitt had tough words for the judiciary yesterday after the block was put in place, warning the fight would go all the way to the top — as reported in The Independent:
A federal appeals court has paused a seismic ruling from the U.S. Court of International Trade that found Donald Trump “exceeded his authority” with his sweeping tariff agenda.
A panel of judges at the U.S. Court of Appeals for the Federal Circuit temporarily reinstated Trump’s so-called “Liberation Day” tariffs on Thursday while legal challenges play out.
After a series of court rulings defanged the president’s agenda and executive orders testing the limits of executive authority, administration officials have raged at federal judges and the plaintiffs bringing cases against them.
Before Thursday’s ruling, White House press secretary Karoline Leavitt unloaded on the judiciary as she vowed the administration would take court rulings against Trump’s tariff agenda to the Supreme Court.
Thursday’s pause from the appellate court is expected to stay in place until at least June 9, the deadline for both sides to submit their arguments.
While it would be easy to go too far in weighing this as a sign of judicial commonsense, it is very much a breath of fresh air after so many rulings in the opposite direction.
This is a developing story, and it remains to be seen how the Trump Administration will fare once the court battle plays out on this issue.
But even reporting from left-leaning media outlets proves that this is not about tariffs, but Presidential authority.
Check out this report yesterday, framed exactly in those terms, from CNN:
A federal court on Wednesday ruled that President Donald Trump overstepped his authority to impose sweeping tariffs that have raised the cost of imports for everyone from giant businesses to everyday Americans.
But the administration immediately appealed the decision on Wednesday night, leaving the situation uncertain for consumers and companies and potentially prolonging the battle over whether Trump’s import duties will stand – and possibly reshape the global economy.
A three-judge panel at the US Court of International Trade, a relatively low-profile court in Manhattan, stopped Trump’s global tariffs that he imposed citing emergency economic powers, including the “Liberation Day” tariffs he announced on April 2. It also prevents Trump from enforcing his tariffs placed earlier this year against China, Mexico and Canada, designed to combat fentanyl coming into the United States. (Emphasis added.)
Tariffs are arguably one of the centerpieces of the current administration.
But make no mistake — the Constitutional authority of the President, and how that plays against judicial “checks” — is the real issue.
Look for more of these fights to come.
We will bring you more details as this story develops.
This is a Guest Post from our friends over at WLTReport.