Reuters reports that the U.S. Court of Appeals for the Federal Circuit in Washington is pausing the ruling by the U.S. Court of International Trade that said reciprocal tariffs imposed by the Trump administration overstepped the authority of the Executive Branch. The government is appealing the ruling, and the appeals court is giving the plaintiffs in the relevant cases by June 5th to respond, and the Trump admin has until June 9th.
“The horrific decision [by the trade court] stated that I would have to get the approval of Congress for these Tariffs,” President Trump wrote on social media on Thursday evening. “If allowed to stand, this would completely destroy Presidential Power – The Presidency would never be the same! This decision is being hailed all over the World by every Country, other than the United States of America.”
According to the Court of International Trade’s decision, the International Emergency Economic Powers Act (IEEPA), a law meant to address “unusual and extraordinary” threats during a national emergency, does not give the executive branch the power to impose tariffs without congressional action.
A White House spokesperson after the trade court’s ruling on Wednesday said U.S. trade deficits with other countries constituted “a national emergency that has decimated American communities, left our workers behind, and weakened our defense industrial base – facts that the court did not dispute…It is not for unelected judges to decide how to properly address a national emergency,”
While reciprocal tariffs on specific countries are in limbo, industry-specific tariffs, such as those on automobiles and aluminum, are still in place. For now, the 25 percent tariff on cars imported to the United States remains in effect.
Some analysts are grateful just for the extra time that’s bought by this legal process of challenging Trump’s reciprocal tariffs. “Assuming that an appeal does not succeed in the next few days, the main win is time to prepare, and also a cap on the breadth of tariffs – which can’t exceed 15% for the time being,” said George Lagarias, chief economist at Forvis Mazars international advisers.
Comments
This whiplash is a daily thing and it’s RIDICULOUS. Get him out, now.
exactly! We will end up America last if we can’t be counted on as trading partners – one way or the other.
A certain country from the East that is well known for forcing foreign companies to partner up with their domestic companies, steal their IP, and then drive them out of business, and able to fully disrupt those companies supply chains at their own whim, is still trading with many of these same countries and even has people in those foreign countries batting for them hard and how we can’t decouple from them so they bend over backwards for them. Case in point, GM and Ray Dalios Bridgewater, as a prime example of two of those companies.
If they are still trading with many of those foreign countries, then we America will be fine so long as those Yuan or those Dollars in our case is still talking. One country going back and forth on tariffs is nothing next to this and companies are happily bending over backwards for them to this day.
It is ridiculous! Tell those judges to stop it! Especially since the administration is following laws that were passed by Congress in prior administrations to give the administration more power where a gridlocked Congress can’t decide quickly on issues like this. Almost all of these are getting struck down on appeal. At what point do you tell the judges to stop intentionally inflicting caos?
You don’t “tell” the judges anything … you arrest, perp walk, and detain for interfering in things that go way outside their job classification. And to add to this … would you go to a hospital and allow a person to do your say “eye surgery” simply because said person uses the same bathroom as the doctors … we have that problem in the Supreme Court as Justice Kagan was never a judge, elected, appointed, or otherwise … Kagan was just a glorified court stenographer … and sits there on her rumps making decisions that does affect every LEGAL US Citizen today.
Pretty sure those judges have lifetime tenure, he isn’t going anywhere anytime soon. If they would stand back and let Trump do his thing we would get a more equal trade share as opposed to this one side give give give the democrats have allowed. Nice to see someone with some balls in the office again.
The U.S. Constitution vests the authority over trade policy squarely with the executive branch, primarily through the President’s powers to negotiate treaties and conduct foreign affairs. Article II, Section 2 grants the President the authority to make treaties with the advice and consent of the Senate, which encompasses trade agreements with foreign nations.
Additionally, the President’s role as the chief executive and commander-in-chief implies broad discretion in managing international relations, including trade, as these matters inherently involve foreign policy and national interests. The Commerce Clause in Article I, Section 8, while granting Congress the power to regulate commerce with foreign nations, does not extend to the judiciary, which lacks any enumerated power to shape or interfere with trade policy. Courts, therefore, have no constitutional basis to involve themselves in trade policy decisions, as these are reserved for the political branches, with the executive holding primary responsibility due to its role in foreign affairs.
Judicial involvement in trade policy would also violate the separation of powers doctrine, as courts are not equipped or authorized to handle the complex, policy-driven decisions inherent in trade negotiations and agreements. The judiciary’s role is limited to interpreting laws and resolving disputes based on existing legal frameworks, not crafting or influencing policy in areas like trade, which require diplomatic expertise and economic strategy. Historical precedent, such as the Supreme Court’s ruling in United States v. Curtiss-Wright Export Corp. (1936), reinforces that the President has inherent authority in foreign affairs, including trade, as these matters are intrinsically tied to national sovereignty. Allowing courts to intervene would encroach on the executive’s constitutional prerogative and disrupt the balance of powers, as judges lack the mandate or expertise to dictate trade policy outcomes. Thus, the Constitution clearly delineates trade policy as an executive function, with no legal authority for courts to interfere.
No legal authority for courts to interfere? When the courts deem something illegal, then they interfere. They’re not regulating trade, just interpreting existing law and that’s how it’s supposed to work.
The court ruling hinges on interpretation of the laws that the president is using to impose blanket tariffs on every nation. The Trade court said that the laws, which were passed by Congress, confer broad but not unlimited Executive branch authority in trade matters.
If the courts have no legal authority to intervene, then any issue, no matter how trivial, could be declared a “national emergency” by the president by that action alone under those laws. According to the court decision, that was not the intent of Congress when it passed those laws. And as you are most likely aware, courts decide what authority the have regarding when to intervene or not intervene, not the Executive branch or the Legislative branch. SCOTUS does it all the time in its rulings. That’s what separation of powers means.
Who descended from worms and evolved into firms …well that’s a lawyer!
Judges are lawyers.
T.A.C.O. MAN. trump always chickens out.