Former President Donald J. Trump has backed conservative commentator Mark Levin’s criticism of a recent appellate court decision that struck down most of the tariffs imposed during his administration. Trump highlighted Levin’s argument that the ruling undermines the constitutional authority of the president in matters of foreign policy and national security.
According to Levin, the appellate court majority “got it wrong” in ruling against the tariffs, stressing that the law at issue grants the president broad authority to declare a national emergency. He further argued that under Article II of the Constitution, the president has expansive powers to conduct foreign policy, which formed a key basis of the executive orders in question.
Levin pointed out that the tariffs targeted countries such as Mexico, Canada, and China—nations Trump had determined were not taking sufficient action to curb the flow of deadly drugs into the United States. In his view, the combination of statutory authority and Article II powers outweighs the concerns raised by the court.
“Judges should not be the final decision-makers in such matters, as they are exercising powers never delegated to them and substituting their own policy preferences for those of the president,” Levin said, adding that Congress is the appropriate body to check presidential authority by amending or passing new legislation. However, he warned that even Congress’s powers are not limitless, as separation of powers issues could arise when foreign policy is involved.
The matter is now expected to reach the Supreme Court. Levin noted that Justices Clarence Thomas, Neil Gorsuch, and Brett Kavanaugh have previously recognized the president’s broad authority in similar circumstances. He also predicted that Justice Samuel Alito would likely agree with that view.
Trump’s amplification of Levin’s remarks signals his continued defense of strong executive authority, particularly in areas involving trade and foreign relatio
