Federal Court Blocks Trump’s Tariffs: Key Takeaways from Attorney Josh Kolsrud’s Legal Analysis
May 29, 2025 - Fox 10 News, Phoenix
A recent federal court ruling has put the brakes on key elements of former President Trump’s sweeping tariff policies, creating headline-making implications for U.S. trade policy and the very limits of presidential power. On Fox10 Arizona Family News, former federal prosecutor and current defense attorney Josh Kolsrud broke down the legal significance of the court’s decision and what it could mean for the future of trade and emergency powers in the United States.
A Major Blow to Presidential Tariffs
The court’s decision came as a significant setback to the Trump administration’s global trade agenda, specifically blocking tariffs previously applied to major U.S. trading partners such as China, Mexico, and Canada—including the so-called “Liberation Day tariffs.” As the administration moves to appeal, Kolsrud emphasized just how impactful the ruling could be.
“This ruling is legally significant for a variety of reasons,” explained Kolsrud. He traced the root of the case to Article One of the Constitution, which gives Congress the authority to regulate commerce. While Congress has repeatedly delegated some of that authority to the president over the last century, the 1975 International Economic Emergency Powers Act marked a new chapter, giving the president additional power to regulate imports during times of declared emergency.
Challenging the Definition of ‘National Emergency’
Kolsrud pointed out that this was the first time a president had relied on the 1975 act to levy such broad and sweeping tariffs. Trump justified his actions by declaring a national emergency tied to issues like fentanyl and the national deficit. However, Kolsrud said, “the court said that the basis the White House used…wasn’t to the level that would justify the tariffs. So their ruling really limits the executive branch’s ability to levy tariffs in the way they want to proceed.”
What makes this case particularly groundbreaking? For the first time, a court directly evaluated whether a president’s declaration of a national emergency truly constituted an emergency under the law. This opens the door for the judiciary to weigh in on what has traditionally been a political question handled by Congress—a significant shift in the balance of governmental power.
Implications for Congress and Future Legislation
The case isn’t just about President Trump or even tariffs alone. According to Kolsrud, it presents an important opportunity for Congress to clarify and potentially redefine the president’s trade authority. “Congress needs to come forward and really define what a president can do…with tariffs,” Kolsrud said, underlining the need for new legislative standards around when and how emergency powers can be invoked for trade actions.
The Path Ahead: Supreme Court Showdown
Looking to the future, Kolsrud was clear: “Oh, it definitely will,” he replied when asked whether the case would ultimately head to the United States Supreme Court. Legal observers, lawmakers, and global trade partners now watch closely as the appeals process unfolds—a process that Kolsrud notes could take considerable time before a final resolution.
Yet as an attorney and legal analyst, Kolsrud finds the judicial back-and-forth between the executive branch and the courts both complex and fascinating. “It will be fun to watch what the Supreme Court does,” he concluded.
Conclusion
The outcome of this legal battle will not just define the fate of Trump’s tariffs—it stands to reshape the boundaries of presidential power over trade for future administrations. As Josh Kolsrud highlights, both the courts and Congress now play pivotal roles in determining how America manages its economic emergencies and trade policies moving forward. Stay tuned as this historic legal saga continues to unfold at the highest levels of government.
Contact us today to schedule a
FREE CONSULTATION and learn
how we can help you.
An award-winning criminal defense attorney Since 2006
Why Choose Josh Kolsrud
With over 100 jury trials to his name, and years of experience as a state and federal prosecutor, Josh understands the law, the legal process, and your rights. Josh is also committed to representing every client with utmost integrity and dedication
Experience
Josh has prosecuted major crimes on the state and federal level, led a successful anti-human sex trafficking operation that saved lives, and argued before countless juries and justices for his clients
Expertise
Josh is an expert in both Arizona and federal criminal law, and is ready to put that expertise to work for you.
Dedication
As a prosecutor, Josh saw far too many defendants lose their livelihood due to poor representation. Josh will always give every client his complete attention and effort
Get a Free Initial Consultation:
Complete our form below to get a free case review.
or call us at (480) 999-9444.