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U.S. markets opened September on the back foot, with futures weaker and long-end Treasury yields edging higher as investors digested a consequential appeals-court decision on tariffs, looming macro data, and broader policy uncertainty. The immediate market read: higher volatility, a firmer dollar and gold near records, alongside a modest risk-off tone led by tech—an unhelpful mix for sentiment in a seasonally tricky month.
On Friday, the U.S. Court of Appeals for the Federal Circuit, in a 7–4 decision, largely upheld a May ruling by the Court of International Trade that President Trump overstepped by using the 1977 International Emergency Economic Powers Act (IEEPA) to levy sweeping “baseline” and “reciprocal” tariffs on nearly all U.S. trading partners. In plain English: the court said Congress didn’t hand the White House a blank check to impose broad tariffs via emergency powers.
Crucially, the appeals court stayed immediate relief: the tariffs remain in force while the administration decides whether to appeal to the Supreme Court. The government has until October 14 to seek review; the mandate is withheld pending the outcome. Expect a cert petition and a winter/spring argument calendar if the Court grants review.
Many sector-specific duties—like those imposed under Section 232 national-security authorities on steel and aluminum—aren’t covered by this decision. That’s why the ruling doesn’t vaporize the entire tariff edifice; instead, it targets the IEEPA-based architecture. The administration has already explored alternative legal hooks (e.g., expanding 232) to preserve tariff leverage if IEEPA falls at the high court. Translation: even a win for plaintiffs may simply shift the legal scaffolding and prolong uncertainty.
Because the tariffs stay in place for now, there’s no instant change to import costs or pricing. Markets are reacting less to mechanics and more to uncertainty: refund risk (if IEEPA tariffs ultimately die), policy path ambiguity (shift to 232 or other statutes), and macro spillovers. Long yields pushed higher toward 5% on the 30-year, adding rate sensitivity to equity jitters just as investors return from the holiday and eye ISM and payrolls.
Almost certainly. The Federal Circuit flagged the path explicitly, staying its own mandate to allow a Supreme Court appeal by Oct. 14. Given the stakes—executive power, trade policy, and hundreds of billions in potential duties—the Court will be under pressure to take the case. Expect arguments around the “major questions” doctrine and the bounds of delegated tariff authority.
Trade architecture: If the Supreme Court agrees that IEEPA can’t carry broad tariffs, the White House may pivot to Section 232 and other tools—likely after Commerce investigations—injecting months of process risk. For corporates, that means planning under a fog: supply-chain routing, inventory, and pricing strategies are all harder when the tariff regime is moving target practice.
Corporate pricing: Firms have already struggled to set prices as levies changed level and scope; with pre-tariff inventories thinning, pass-through pressure rises. Overseas partners (e.g., Indian SMEs) are scrambling to re-route exports after tariff hikes, underlining frictions that can boomerang into U.S. costs.
Refund risk & fiscal math: The Justice Department warned that striking the IEEPA tariffs could force refunds of collected duties—a nontrivial hit given the 2025 surge in customs receipts. That’s why the government argued the fiscal implications could be severe.
Sovereign ratings: In August, S&P Global affirmed the U.S. at AA+ (stable) and explicitly cited tariff revenues as a buffer against the fiscal hit from recent tax-and-spend legislation. Days later, Fitch affirmed AA+ (stable) as well, noting a sharp rise in the effective tariff rate and projecting a large jump in tariff revenues this year. If the IEEPA pillar weakens materially, the durability of that revenue stream becomes a live question for ratings outlooks—even if alternative legal routes preserve some portion. For now, both agencies remain stable, but they’ve been clear that deficits and debt are the bigger, persistent constraints.
The knee-jerk is higher long-end yields and softer equity futures—classic “policy-uncertainty plus supply” pricing—while investors also weigh Fed path risks and geopolitics. The VIX is off the floor but still not panic-level; think risk-control dialed up a notch, not turned to eleven. With September’s seasonals unhelpful, even modest legal and policy fog can widen risk premia at the margin.
In short: this ruling tightens the legal leash on emergency-tariff power but leaves the tariff bite in place for now. Markets dislike murk, and September rarely offers much sunshine—so expect chop while lawyers (and Commerce) get to work.
Senior Analyst and trader with 20+ years experience with in-depth market coverage, economic trends, industry research, stock analysis, and investment ideas.
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