A federal appeals court has ruled that tariffs known as “Liberation Day” tariffs, implemented by the Trump administration, are illegal. The decision from the U.S. Court of Appeals for the Federal Circuit comes amid ongoing debate about the impact of these tariffs on small businesses.
Ranking Member Markey responded to the ruling by stating, “Today’s ruling in the U.S. Court of Appeals for the Federal Circuit makes it clear that President Trump’s chaotic tariff policy is illegal. As the author of legislation that would exempt small businesses from the President’s reciprocal tariffs first issued on April 2, I call on the Administration to provide small businesses with relief and repayments immediately while the Supreme Court considers taking up the case. Trump’s tariffs have brought real pain to Main Street, and today’s ruling is an important step in ending the economic whiplash caused by Trump’s abusive tariff authority.”
Earlier in August, Markey sent a letter to several top officials—including Small Business Administration (SBA) Administrator Kelly Loeffler, Secretary of Commerce Howard Lutnick, U.S. Trade Representative Jamieson Greer, and Chair of the Council of Economic Advisers Stephen Miran—urging them to set up and publicize processes for refunding tariffs paid by American businesses.
The future course will depend on whether or not the Supreme Court decides to hear further arguments regarding these tariffs.