U.S. Court of Appeals for the Federal Circuit isn't buying Trump's emergency argument for his tariffs because he's taxing everything from nearly every country

 

 Most Trump tariffs ruled illegal by appeals court, dealing major blow to trade policy

A federal appeals court ruled Friday that most of President Donald Trump’s global tariffs are illegal, striking a massive blow to the core of his aggressive trade policy.

The U.S. Court of Appeals for the Federal Circuit held in a 7-4 ruling that the law Trump invoked when he granted his most expansive tariffs — including his “reciprocal” tariffs — does not actually grant him the power to impose those levies.

“The core Congressional power to impose taxes such as tariffs is vested exclusively in the legislative branch by the Constitution,” the court said. “Tariffs are a core Congressional power.”

The appellate court paused its ruling from taking effect until Oct. 14, in order to give the Trump administration time to ask the Supreme Court to reverse the decision. ... 

In Friday’s ruling, the court found that the challenged tariffs exceeded Trump’s authority under IEEPA.

“Both the Trafficking Tariffs and the Reciprocal Tariffs are unbounded in scope, amount, and duration,” the majority ruled. 

“These tariffs apply to nearly all articles imported into the United States (and, in the case of the Reciprocal Tariffs, apply to almost all countries), impose high rates which are ever-changing and exceed those set out in the [U.S. tariff system], and are not limited in duration.” ...

 

We've been liberated from Liberation Day by two Republicans (one appointed by Trump) and one Democrat on a court handpicked by Trump to adjudicate his tariffs lol

 

Federal trade court strikes down Trump’s reciprocal tariffs

The U.S. Court of International Trade on Wednesday blocked steep reciprocal tariffs unilaterally imposed by President Donald Trump on scores of countries in April to correct what he said were persistent trade imbalances. ...

In its ruling, a three-judge panel on the Court of International Trade said that the International Emergency Economic Powers Act, which Trump invoked to impose the tariffs, does not authorize a president to levy universal duties on imports.

 

“The Worldwide and Retaliatory Tariff Orders exceed any authority granted to the President by IEEPA to regulate importation by means of tariffs,” the judges wrote.

And separate, specific tariffs on Canada, Mexico and China related to drug trafficking “fail because they do not deal with the threats set forth in those orders,” the panel wrote.

Implementing tariffs typically requires congressional approval.

But Trump chose to bypass Congress by declaring a national economic emergency under IEEPA, which became law in 1977, and then using the purported emergency as justification for cutting Congress out of the process.

The panel not only ordered a permanent halt to the tariffs at issue in the case, but it also barred any future modifications to them.

The Trump administration was given 10 days to make the necessary changes to carry out the judges’ orders. ...