Circuit Court Legal System

Contributors

Alan Wynne

Global Investment Strategist

Market Update

The trade policy saga continues. This week, a U.S. Court of International Trade ruled President Donald Trump’s sweeping "Liberation Day" tariffs illegal. However, within 24 hours, an Appeals Court temporarily paused that decision. Through it all, equities are heading higher as the short week closes.

This week the S&P 500 (+1.9%), Nasdaq 100 (+2.1%) and small caps (Solactive 200 +1.6%) all made solid advances. Within the U.S. large cap index, all 11 sectors are in the green, with the largest cohort, information technology (+2.8%), making the largest gain.

Internationally, equities also fared well. In Europe, the Stoxx 50 advanced 80 basis points and in Japan, the Tokyo Stock Price Index (TOPIX) increased by +2.8%.

In fixed income, yields – especially on the long end of the curve – have rallied. The 20 and 30-year yields are both lower about 10 basis points for the week, while the 10-year (4.42%) rallied about nine basis points.

Below, we delve deeper into the trade policy saga and highlight three opportunities we believe persist through the uncertainty.

Spotlight

The latest in the tariff saga. As of Thursday evening, a federal appeals court has temporarily paused a ruling against President Donald Trump’s global tariffs while considering a longer-lasting hold on the decision. The appeal follows a Wednesday evening decision from the U.S. Court of International Trade, which blocked most of President Trump’s recent tariffs, ruling that the administration wrongly invoked the International Emergency Economic Powers Act (IEEPA).

What does that mean? In short, reciprocal tariffs are still in effect for now. But the first ruling, which declared the tariffs illegal, is a reminder that these tariffs are not codified into law by Congress and uncertainty remains.

The details: Congress has the authority to impose taxes and tariffs, but it did not pass a law for President Trump’s “Liberation Day” tariffs. These tariffs were enacted under the IEEPA, which allows the president to declare a national emergency and regulate imports. However, the U.S. Court unanimously ruled that the administration misused IEEPA, halting these tariffs, including a 10% universal rate and earlier tariffs on China, Mexico and Canada. The Justice Department argued that this decision interfered with government diplomacy and Trump’s authority in foreign affairs, requesting the Federal Circuit to pause the ruling while they appealed.

The table outlines the status of various tariffs following a U.S. Court of International Trade ruling on May 28 and a subsequent appeal on May 29.

We estimated that the U.S. effective tariff rate might have decreased to around 5% to 7% had the appeal not been granted. Following the Appeals Court decision, that rate reverts closer to approximately 12%.

The chart illustrates the trend in U.S. effective tariff rates as a percentage from 1900 to 2024.

Importantly, we think the U.S. economy can handle either rate without falling into a recession. The immediate market response seems to agree and tariffs seem to be blending into becoming one of the many things driving markets, rather than the only thing, as was the case just a month ago.

What should portfolios do as a result? Instead of focusing on uncertainty, consider leveraging our high-conviction opportunities:

1. U.S. tech: Nvidia, the dominant player in advanced semiconductor chips, emphasized continued demand in the buildout of AI infrastructure in its earnings report earlier this week. According to CEO Jensen Huang, the AI build-out is ongoing, and “global demand for Nvidia’s AI infrastructure is incredibly strong. AI inference token generation has surged tenfold in just one year, and as AI agents become mainstream, the demand for AI computing will accelerate.” This was evidenced in the U.S. government’s first-quarter gross domestic product (GDP) report, which showed business investment in computers and other information processing equipment contributed a record 1.01 percentage points to first-quarter GDP – the highest on record.

The chart illustrates the contributions of information processing equipment to changes in real GDP, expressed as a percentage, over a period spanning from 1947 to 2024.

AI adoption is progressing in knowledge industries where expensive workers perform rules-based tasks. The industries using AI the most are also those with the highest free cash flow margins, which may indicate that in the early stages of adoption, AI may enhance margins rather than diminish them. Despite concerns about U.S. exceptionalism, the U.S. remains a leader in AI innovation, with U.S. companies holding four of the top five spots in the AI intelligence index, meaning that an investment in the AI theme remains an investment in U.S. tech.

The bar chart presents a comparison of various artificial intelligence models based on their Artificial Analysis Intelligence index scores.

2. U.S. financials: The U.S. financial system is one of the most strictly regulated sectors in the market. This seems to be for good reason, since following the 2008 financial crisis, there was a significant push for increased regulation primarily through Dodd-Frank aimed at preventing a recurrence of the crisis. However, in recent years, there has been debate that the U.S. financial system, in particular, has moved towards overregulation or regulation that doesn’t prevent bank crises (stringent capital requirements didn’t prevent Silicon Valley Bank’s collapse in 2023.)

As a result, it has been well telegraphed by the administration that deregulation, specifically lowering the Supplementary Leverage Ratio in the financial sector, is on the agenda. The Supplementary Leverage Ratio (SLR) is a leverage requirement for banks, ensuring they hold a minimum amount of equity, preferreds and debt relative to their total assets. It treats all assets equally, regardless of risk. There are discussions about excluding cash or treasuries from assets in the denominator to improve liquidity in the treasury market. This exclusion could specifically lead to a surplus in debt and preferreds. If banks bring down this surplus through lower debt or preferreds, it could be positive for existing securities. Within equities, deregulation could also reduce compliance costs and encourage mergers and acquisitions, leading to higher earnings and valuations.

3. Municipal bonds: Risks to the growth picture remain, especially if tariff roundabouts are achieved. Our preferred way to hedge portfolios against these risks are through municipal bonds. The inflation-adjusted yield in munis stands out as particularly compelling. The chart below shows the yield for the 10-year AAA callable municipal bond index and the 10-year breakeven rate (a market measure of inflation over the next 10 years). The orange bars represent the spread between the two and currently, that spread (or compensation above inflation expectations) is in the 97th percentile since 2010, meaning your estimated “real yield” on a 10-year muni is at one of the highest levels in a decade and a half.

The chart provides a detailed view of the 10-year callable municipal bond yield, 10-year breakeven, and the spread, expressed as percentages, over a period from 2010 to 2025.

For questions on how these opportunities can fit into your portfolio, reach out to your J.P. Morgan advisor.

All market and economic data as of 05/30/25 are sourced from Bloomberg Finance L.P. and FactSet unless otherwise stated.

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DISCLOSURES

The information presented is not intended to be making value judgments on the preferred outcome of any government decision or political election.

Index definitions:

The Solactive United States 2000 Index intends to track the performance of the largest 1001 to 3000 companies from the United States stock market. Constituents are selected based on company market capitalization and weighted by free float market capitalization.

The S&P 500 Equal Weight Index is the equal-weight version of the widely-used S&P 500. The index includes the same constituents as the capitalization weighted S&P 500, but each company in the S&P 500 EWI is allocated a fixed weight of the index total at each quarterly rebalance.

The Bloomberg U.S. Aggregate Bond Index is a broad-based flagship benchmark that measures the investment grade, US dollar-denominated, fixed-rate taxable bond market. The index includes Treasuries, government-related and corporate securities, MBS (agency fixed-rate pass-throughs), ABS and CMBS (agency and non-agency).

The Magnificent Seven stocks are a group of influential companies in the U.S. stock market: Alphabet, Amazon, Apple, Meta Platforms, Microsoft, NVIDIA, and Tesla.

The Magnificent 7 Index is an equal-dollar weighted equity benchmark consisting of a fixed basket of 7 widely-traded companies (Microsoft, Apple, Nvidia, Alphabet, Amazon, Meta, Tesla) classified in the United States and representing the Communications, Consumer Discretionary and Technology sectors as defined by Bloomberg Industry Classification System (BICS).

The S&P Midcap 400 Index is a capitalization-weighted index which measures the performance of the mid-range sector of the U.S. stock market.

The S&P 500 index is widely regarded as the best single gauge of large-cap U.S. equities and serves as the foundation for a wide range of investment products. The index includes 500 leading companies and captures approximately 80% coverage of available market capitalization.

Bonds are subject to interest rate risk, credit, call, liquidity and default risk of the issuer. Bond prices generally fall when interest rates rise.

Standard and Poor’s 500 Index is a capitalization-weighted index of 500 stocks. The index is designed to measure performance of the broad domestic economy through changes in the aggregate market value of 500 stocks representing all major industries. The index was developed with a base level of 10 for the 1941–43 base period.

The Bloomberg Eco Surprise Index shows the degree to which economic analysts under- or over-estimate the trends in the business cycle. The surprise element is defined as the percentage difference between analyst forecasts and the published value of economic data releases. 

The MSCI World Index is a free float-adjusted market capitalization index that is designed to measure global developed market equity performance.

The NASDAQ 100 Index is a basket of the 100 largest, most actively traded U.S companies listed on the NASDAQ stock exchange. The index includes companies from various industries except for the financial industry, like commercial and investment banks. These non-financial sectors include retail, biotechnology, industrial, technology, health care, and others.

We believe the information contained in this material to be reliable but do not warrant its accuracy or completeness. Opinions, estimates, and investment strategies and views expressed in this document constitute our judgment based on current market conditions and are subject to change without notice.

The views, opinions, estimates and strategies expressed herein constitutes the author's judgment based on current market conditions and are subject to change without notice, and may differ from those expressed by other areas of J.P. Morgan. This information in no way constitutes J.P. Morgan Research and should not be treated as such. You should carefully consider your needs and objectives before making any decisions. For additional guidance on how this information should be applied to your situation, you should consult your advisor.

All companies referenced are shown for illustrative purposes only, and are not intended as a recommendation or endorsement by J.P. Morgan in this context.

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RISK CONSIDERATIONS

  • Past performance is not indicative of future results. You may not invest directly in an index.
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