White House Slams 'Unelected Judges' After Court Blocks Trump Tariffs
Source: Newsweek
Published May 28, 2025 at 7:53 PM EDT | Updated May 28, 2025 at 11:16 PM EDT
The White House slammed "unelected judges" after a federal court on Wednesday unanimously ruled that President Donald Trump does not have "unbounded authority" to levy sweeping global tariffs under an emergency-powers law.
The Context
Wednesday's ruling from the U.S. Court of International Trade came in response to two groups of plaintiffs who sued the Trump administration over the tariffs, saying he violated the Constitution by sidestepping Congress to impose the duties. The federal court's three-judge panel said in its summary judgment: "The question in the two cases before the court is whether the International Emergency Economic Powers Act of 1977 ('IEEPA') delegates these powers to the President in the form of authority to impose unlimited tariffs on goods from nearly every country in the world."
"The court does not read IEEPA to confer such unbounded authority and sets aside the challenged tariffs imposed thereunder," the panel said. One of the judges on the panel is a Trump appointee. The other two were appointed by President Ronald Reagan and President Barack Obama.
What To Know
A White House spokesperson reiterated Trump's criticisms of other countries' "nonreciprocal treatment" of the U.S. in a statement responding to Wednesday's ruling. "These deficits have created a national emergency that has decimated American communities, left our workers behind, and weakened our defense industrial base – facts that the court did not dispute," the spokesperson told Newsweek. "It is not for unelected judges to decide how to properly address a national emergency. President Trump pledged to put America First, and the Administration is committed to using every lever of executive power to address this crisis and restore American Greatness," the spokesperson added.
Read more: https://www.newsweek.com/federal-court-blocks-trump-global-tariffs-trade-2078267
This is not a "state issue" where states might have judges who are either "elected" or "appointed". This is FEDERAL and is a part of the crux of our Federal system of government.
Articles II & III of the Constitution are really short (last section of Article III omitted talks about "treason" ) -
Section 1.
The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish.The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.
Section 2.
The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.
In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.
The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed.
(snip)
https://www.law.cornell.edu/constitution/articleiii
(snip)
Section 2.
The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.
He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments.
(snip)
https://www.law.cornell.edu/constitution/articleii
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