and the latest from CFR’s RealEcon Initiative.
RealEcon

Reimagining American Economic Leadership

General view shows the United States Supreme Court, in Washington, U.S., February 8, 2024. REUTERS/Amanda Andrade-Rhoades/File Photo

Dear RealEcon readers,

Another Friday, another earthquake in U.S. trade policy. After Washington, DC, had effectively shut down for the long Labor Day weekend on August 29, a federal appeals court issued a 7-4 ruling upholding an earlier Court of International Trade finding that the Trump administration’s use of emergency powers to impose tariffs on U.S. trading partners was illegal. The appeals court stayed the decision—leaving the tariffs in place—until October 14 to give the administration an opportunity to appeal to the Supreme Court.  

In our top items in this edition of RealEcon, CFR Senior Fellows Brad W. Setser and Jennifer Hillman answer questions about the ruling and its implications for Trump administration trade policy, including what other legal workarounds are possible if the administration is forced to rescind the tariffs imposed to date under the International Economic Emergency Powers Act (IEEPA). And as always, we include other timely pieces on international economic policy by CFR and outside experts. 

Thank you for your interest in the RealEcon Initiative. I value your feedback on this newsletter and your ideas for how the initiative can have more impact.      

—Matthew P. Goodman, Director of the Greenberg Center for Geoeconomic Studies and Director of the CFR RealEcon Initiative   

 

Trade Fun Fact 

How many American jobs are supported by international companies investing in the United States?

Answer at the bottom of the newsletter

 

Latest on Trade

How Court Rulings Could Affect Trump’s Aggressive Trade Policies

After another legal setback, the next high-stakes ruling on President Donald Trump’s use of emergency powers to impose tariffs is expected to come from the Supreme Court. But the administration could use other tools to continue to exact major duties on trading partners, says Setser. See the Q&A

Donald Trump signs an executive order on tariffs, in the Rose Garden at the White House on April 2, 2025. Leah Millis/Reuters

Most of Trump’s Tariffs Are Illegal, Federal Court Rules

If the Supreme Court ultimately strikes down Trump’s tariffs, importers could receive refunds, duty-free imports under $800 could resume, and consumer prices on certain goods could decrease, explains Hillman, as she examines the Friday court ruling. Watch the short 

US Court of Appeals

Trump’s Lawyers Are Wrong About Section 122

Despite the Department of Justice’s argument before the Court of Appeals, Section 122 covers trade deficits; to rule otherwise would risk an expansion of the IEEPA that Congress did not intend, argue Marc L. Busch, Karl F. Landegger professor of international business diplomacy at Georgetown University’s Edmund A. Walsh School of Foreign Service, and Daniel Trefler, chair in competitiveness and prosperity at the University of Toronto’s Rotman School of Management. Get their analysis 

A U.S. flag is displayed near the U.S. Capitol building, in Washington, D.C., U.S., July 3, 2025. REUTERS/Annabelle Gordon

Some Lessons From the WTO for the Changing Global Trade System

The current state of the WTO underscores the need for pragmatic trade agreements, highlights inadequacies in addressing state intervention, and affirms the need to grapple with measures taken in the name of national security, writes Bruce Hirsh, principal at Tailwind Global Strategies LLC and “of counsel” to Capitol Counsel LLC. Read the article

A U.S. flag is displayed near the U.S. Capitol building, in Washington, D.C., U.S., July 3, 2025. REUTERS/Annabelle Gordon

Also From RealEcon 

Domestic Foundations

Will Artificial Intelligence Do More Harm Than Good for U.S. Growth?

Artificial intelligence (AI) investments have contributed meaningfully to U.S. economic growth, but investors could find that the financial boon is a double-edged sword next year when it brings greater job cuts, argue CFR Fellow Rebecca Patterson and Research Associate Ishaan Thakker. Get their take

A striking port worker holding signs stands at the entrance to the Port of New Orleans, Louisiana, the United States, on Oct. 2, 2024. About 45,000 dock workers walked out at 36 U.S. ports amid fears of job loss in an AI-driven future. Lan Wei/Xinhua/Getty Images

The Fed Is in Uncharted Waters Ahead of Key September Rate Decision

Trump’s push to oust a Federal Reserve governor risks undermining a cornerstone of U.S. economic stability ahead of a critical interest rate decision in September, explain CFR Fellow Roger W. Ferguson Jr. and Research Associate Maximilian Hippold. Read more

Federal Reserve Chair Jerome Powell speaks with Fed Governor Lisa Cook during a board meeting, June 25, 2025. Saul Loeb/AFP/Getty Images

Perspectives

Why China Is Spooked by Dollar Stablecoins and How It Will Respond

As U.S.-backed stablecoins gain traction, they threaten to bypass China’s financial controls. The Chinese government is poised to counter with its own tightly regulated digital money, writes CFR Fellow Zongyuan Zoe Liu. Read the piece

U.S. President Donald Trump holds the signed 'Genius Act', which will develop regulatory framework for stablecoin cryptocurrencies and expand oversight of the industry, at the White House in Washington, D.C., U.S., July 18, 2025. REUTERS/Annabelle Gordon/File Photo

A New U.S. Grand Strategy: The Case for a Realist Foreign Policy

Stephen Walt, Robert and Renée Belfer professor of international affairs at Harvard Kennedy School, sits down with Mary and David Boies Distinguished Senior Fellow in U.S. Foreign Policy and Director of Fellowship Affairs James M. Lindsay on the CFR podcast The President’s Inbox to discuss what a realist U.S. foreign policy would look like.

Listen
Podcast: The President's Inbox

Featured From the Greenberg Center

Trade Tools for Climate Action: Green Procurement

As the largest global purchaser, the United States has a unique opportunity to catalyze market demand for green technology by implementing a green procurement regime, advancing both climate mitigation goals and the competitiveness of American green technology, write CFR Fellow Inu Manak and Research Associate Helena Kopans-Johnson. Read the analysis   

Workers guide steel beams into place at a construction site in San Francisco, California September 1, 2011. Reuters/Robert Galbraith

China’s Data Still Does Not Add Up

China’s strong Q1 customs surplus supported a strong Q1 current account surplus, but the current account surplus mysteriously slipped in Q2, even as the customs surplus increased, observe Setser and Research Associate Michael Weilandt