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An image showing Donald Trump and the Fox News logo with cargo containers in the background

Andrea Austria / Media Matters

Fox discussions of court ruling on Trump's unlawful tariffs go off the deep end: “The global deep state is real”

Written by Zachary Pleat

Published 05/29/25 4:10 PM EDT

The U.S. Court of International Trade ruled on May 28 that all of President Donald Trump’s so-called “reciprocal” and supposedly fentanyl-related global tariffs are illegal and “exceed any authority granted” by the International Emergency Economic Powers Act that he cited to impose them. The White House promptly promised to fight the ruling on appeal and pursue work arounds to continue implementing Trump’s disruptive import tax schemes, and on May 29 the U.S. Court of Appeals for the Federal Circuit temporarily paused the ruling.

After Trump’s tariff agenda was at least temporarily put on hold by a federal court, Fox News and Fox Business personalities and guests responded by decrying the ruling as “judicial overreach” and smearing the judges (one of whom was appointed by Trump) as part of the “legal deep state” opposed to the MAGA agenda. Fox's reactions to the tariff ruling are in keeping with the way the outlet's roster of enablers has effusively celebrated Trump's tariff policies.

  • On Fox Business, Trump campaign adviser Jason Miller ranted against the ruling, claiming that it shows “the global deep state is real, this legal deep state.” Miller continued, “This is their last line of defense, you have unelected judges who are trying to force their own will when it comes to tax policy, trade policy, and all matters of the economy. In fact, all you have to do is look at the Financial Times this morning, saying this should embolden, this should empower foreign trading partners to stand up to President Trump.” He added, “The global elites don't mind that American industries are being wiped out, that American workers are being wiped out, and also directly undermines the will of the American people.” Miller concluded, “Really, this shows the battle, Maria, that we're in between American sovereignty and having a globalist takeover.” Anchor Maria Bartiromo agreed. [Fox Business, Mornings with Maria, 5/29/25]
  • Fox Business guest Mehek Cooke: “Every time President Trump has tried to defend America, we've had judicial overreach.” She added: “People need to hold their purses and actually understand that President Trump has the authority to do this. … What I’m seeing today is judicial overreach of presidential authority. This is exactly what the president is in charge to do, he's the commander in chief. He should be setting trade policy.” [Fox Business, Mornings with Maria, 5/29/25]
  • Fox contributor Hugh Hewitt: “I think it was reckless in the extreme for three district court judges to mess up all these international trade issues.” Hewitt added, “I do not understand why they did not stay their injunction, because they are messing up a lot of ongoing negotiations.” Hewitt continued berating the judges, saying, “So whatever the opinion of these three judges, they’re just district judges. They’re not very self-aware.” [Fox News, America’s Newsroom, 5/29/25]
  • Fox anchor Bill Hemmer: “Who would have ever heard of” this court? During his interview with Hewitt, Hemmer said: “This is like the court in the corner, right? Who would have ever heard of it? Most of us have not, and 95% of the people watching, same.” [Fox News, America’s Newsroom, 5/29/25]
  • Fox Business host Stuart Varney: “Is it just another example of a court holding up Trump’s program?” Varney’s guest, Fox contributor Marc Thiessen, replied, “Absolutely.” Thiessen added: “These injunctions are becoming ridiculous. Nobody put the judge who made this decision in charge, made them commander in chief. They’re not elected by anybody. The president is the commander in chief, he’s got the authority to decide this.” [Fox Business, Varney & Co., 5/29/25]
  • Fox & Friends co-host Brian Kilmeade on ruling blocking the tariffs: “Here we go with the courts again.” Kilmeade later added: “That’s certainly a setback, but they’re just going to appeal it up the ladder.” [Fox News, Fox & Friends, 5/29/25]

The Latest

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    Narrative/Timeline 05/30/25 10:45 AM EDT

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    Video & Audio 05/29/25 8:42 PM EDT

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    Video & Audio 05/29/25 6:38 PM EDT

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    Research/Study 05/29/25 4:52 PM EDT

  5. Fox has been covering a trans high school athlete in California for months. Now it looks like Trump is posting about her.

    Research/Study 05/29/25 4:39 PM EDT

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In This Article

  • Tariffs / Trade

  • Fox News

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Related

  1. Fox correspondent lays out bad news for Trump's tariffs: “Basically everything” has been found to be “illegal in some way”

    Video & Audio 05/29/25 2:14 PM EDT

  2. Trump senior adviser Jason Miller on court ruling blocking Trump's tariffs: “What this really shows is that the global deep state is real, this legal deep state”

    Video & Audio 05/29/25 1:01 PM EDT

  3. ​Fox contributor berates the US Court of International Trade for ruling most Trump tariffs illegal

    Video & Audio 05/29/25 11:14 AM EDT

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