Featured

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Buried.News

The stories buried under the noise

Primary focus

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Featured

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Featured

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Norms Impact

Trump announces Space Command headquarters moving from Colorado to Alabama

A president is demanding fast-track Supreme Court cover to preserve tariffs a federal court found unauthorized, testing whether emergency powers can be stretched to bypass Congress.

Judiciary

Sep 2, 2025

Sources

https://www.cbsnews.com/live-updates/trump-announce-space-command-headquarters-location/

Summary

President Trump said he will appeal a 7-4 U.S. Court of Appeals for the Federal Circuit decision holding that he exceeded his authority to impose certain tariffs under an emergency powers law. The presidency is being positioned as able to override statutory limits by recasting economic policy as an emergency power question for the Supreme Court to settle on an accelerated timetable. The practical consequence is that major trade rules affecting prices and markets remain in limbo until at least Oct. 14 while the administration seeks expedited high-court review.

Reality Check

Fast-tracking Supreme Court review to preserve tariffs a federal court found unauthorized risks normalizing governance by “emergency” decree, weakening our protections against unilateral economic coercion. If the court’s finding is correct—that the president exceeded authority under an emergency powers law—this is not just policy drift; it is executive action outside statutory limits, with the injury borne by the public through prices and market disruption. On these facts alone, criminal liability is unlikely; the core exposure is institutional—an attempt to convert constrained delegated power into a blank check, undermining separation of powers and Congress’s control over taxation and trade.

Detail

President Trump criticized a decision by the U.S. Court of Appeals for the Federal Circuit that found many of his tariffs unlawful and said the ruling came from a “liberal court.” The Federal Circuit held, by a 7-4 vote, that the president exceeded his authority to impose the tariffs under an emergency powers law.

Trump said his administration will appeal the ruling to the U.S. Supreme Court on Wednesday and will ask the justices to expedite consideration. The Federal Circuit’s decision will not take effect until Oct. 14, a pause intended to allow the administration time to seek Supreme Court review.

Trump argued that the country would be in “serious, serious trouble” without the tariffs and claimed the judges who ruled against his administration would like to see “trillions of dollars” taken away.