As evidenced by the 2008 crash, the number 1 reason the markets start to crash is an financial risk uncertainty. The recent 7-4 decision by a Federal Appellate court to reverse the tariffs instituted in the 2nd quarter fused with the decision to lift de minimis exemption is going to introduce a tremendous amount of confusion and spiraling uncertainty after the Labor day weekend.
In the Federal Appellate Court rule, the US Court of International Trade (CIT) on Friday, 8/29/25 stated:
“We affirm the CIT’s holding that the trafficking and reciprocal tariffs imposed by the challenged executive orders exceed the authority delegated to the President,” the majority held in the ruling. “We also affirm the CIT’s grant of declaratory relief that the orders are ‘invalid as contrary to law.’”
The words Congress commonly uses when giving the President tariff authority (“duty,” “tariff,” etc.) are not in IEEPA and that Congress typically requires the President to adhere to various procedural and substantive requirements in tariff statutes.
IEEPA is a very broadly-worded statute empowering the president to “deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States, if the president declares a national emergency with respect to such threat.” Often invoked by presidents in levying economic sanctions against foreign states and actors, IEEPA also empowers the president to “regulate … importation.”
Similar to a 1975 court looking at tariffs Nixon imposed under IEEPA’s predecessor statute in 1971, the Federal Circuit suggested that any IEEPA tariffs would need to be far more bounded than what Trump has in fact done.
Fe-fi-fo-fum, I smell the blood of summer 25 skyrocketing stock market momentum!
The end is here. the werewolf ignites the Bear; Bad moon on the rise!
NoFluffBizRants 