The news broke that a US court has peed all over Donny’s pet policy…..tariffs.
President Trump does not have the authority to impose broad tariffs on imports, a federal court ruled Wednesday, rejecting the argument that the 1977 International Emergency Economic Powers Act gives him that power. The US Court of International Trade had been asked to issue an injunction in the case involving lawsuits trying to block the tariffs. Instead, the three-judge panel skipped directly to issuing a judgment, Axios reports. The emergency legislation, the judges ruled, does not authorize any of the “Worldwide, Retaliatory or Trafficking” orders, adding, “the challenged Tariff Orders will be vacated and their operation permanently enjoined.”
The unanimous decision applies to the 10% “Liberation Day” tariffs Trump slapped on all foreign products on April 2, as well as the higher levies on goods coming from several dozen nations. Ruling on two cases at once, the court ordered that the tariffs already collected also be vacated, per Politico. At least seven lawsuits challenging the tariffs have been filed. White House aides had said before the ruling that the decision would be appealed if it went against the administration, per the Washington Post. The case could well go to the Supreme Court, per the New York Times, but if the ruling stands, it could be the end of Trump’s trade war.
Tariffs usually need congressional approval, but Trump maintains he has the authority now because the US trade deficits are so high they constitute a national emergency, per the AP. The law does not say the president can use tariffs to protect the nation from economic threats, per the Times, but Trump invoked it anyway. One of the panel’s judges was appointed by Ronald Reagan, one by Barack Obama, and one by Trump.
But how will this ruling effect things?
- Ruling: The Court of International Trade—a federal body made up of Reagan, Obama, and Trump appointees—decreed that Trump doesn’t have the legal authority to impose most of the sweeping tariffs he has enacted. Trump did so under his interpretation of the International Emergency Economic Powers Act of 1977, notes the Wall Street Journal, but the court found that he overreached and invalidated them.
- Affected: This means most of the tariffs Trump imposed, or imposed and then lifted pending negotiations, are gone, though Axios notes some exceptions: those on autos, steel, and aluminum were not enacted under the 1970s law and stand.
- Fallout: The ruling “blows a hole in global trade talks, already under way with more than a dozen nations,” per the Journal, and it “throws into question recent agreements with the UK and China.” The New York Times finds that the court essentially wiped out Trump’s leverage with US trading partners.
- What now: The court gave the Trump administration 10 days to formally unwind the tariffs, but the White House plans to appeal. “The judicial coup is out of control,” tweeted Trump adviser Stephen Miller.
- Markets: Dow futures were up 300 points Thursday morning, reports CNBC, and world stocks also rallied.
Good to see that there are still some judges that Donald the Orange does not own….and there is still a small amount of commonsense.
But like in the past he will probably disregard and judgments against him as he has done so many times in the past.
Is it possible that Congress will now jump to Donny’s aid on this issue?
Will the bully now go after this court in revenge?
Any thoughts?
I Read, I Write, You Know
“lego ergo scribo”
Congress should be happy with the results as if officially puts the ball back firmly in their court with responsibility that Trump cannot remove again. Of course they may continue to evade their responsibilities and allow Trump free reign as now.
But Dave, it is only a temporary set back — The Big Beautiful Bill has a clause in it that consolidates his powers as dictator in an irreversible and iron clad manner…after that bill passes he will even have the power to ignore the mandates of even the Supreme Court…..and everyone of the lower courts ….game over.
Congress has been doing that for decades….avoiding their responsibilities. chuq
Always applaud legitimate and effective checks and balances. Does this court ruling disqualify a president from arranging trade matters as foreign policy or will all trade matters require congressional legislation? The court could also disqualify the congressional legislation well as executive empowerment. Is this trade court subserviant to the Supreme Court ?
A president can arrange an agreement but Congress would make it legal…..none of that is happening….that is a good question about the supreme court…..I will have to check on that. chuq
As soon as he gets the “Big Beautiful Bill” passed…..(The one that has the clause hidden in the middle of it that gives him power to cancel elections and to over-ride and bypass all the courts (Even the Supreme Court) … as soon as that bill passes with that clause in it, he will have become an absolute dictator and then he will get his tariffs passed…..so let us not rejoice to early — the biggest hammer is just about to fall and I doubt if anybody is paying attention that dictator clause in that bill at all….
Congress should stand up now….no one is looking to them for a fair deal;. chuq
Agreed, John … I find that section of the Big Beautiful Bill incredibly scary…
American people will never tolerate a dictator. That’s why we want our guns not to shoot a deer or a bird but to resist tyranny. That was original intent and it remains today. Seems half of country had no fear of not having any president for last four years. Wasn’t that a threat “to our democracy” having an unelected secret politburo running this joint supported by a compliant political party and a compliant media?
I have a different take on the 2nd…..we are looking the other way as it is today….so you statement may be moot. chuq
Dear Carl — are you aware of the provision in Uncle Donny’s “Big Beautiful Bill” that will legaslize forever his power to ignore the rullings of all the federal courts up to and including the supreme court and to cancel elections at his whim? –We may not tolerate a dictator but that does not mean that we will not get one …and it looks like we are going to get one just as soon as that Big Beautiful Bill is signed into law.
Ignoring the courts would be a dreadful development but judges at the lowest level or a wide range of obscure juristictions should not be able to declare anything they don’t like politicaly as unconstitutional, null and void, and no longer law. . I have no answer as to what an appropriate balance would be or operate. However, a dozen states and a thousand cities and a political party have declared all federal law re immigration null and void and think because they call themselves sanctuaries they are not obligated to obey the Constution and the supremacy of federal law. Both processes should arouse vehement objection.
The Tariffs were all about shorting stocks and re-selling in the bounce-back market. Trump and his cronies have made their fortunes already, even if the tariffs remain unlawful.
Best wishes, Pete.
Pete, every single thing this administration does is for personal profit…they have “normalized” corruption…
Exactly….I believe it is a game and Donny just loads the field in his favor. chuq
UPDATE — It is just as I expected it would be and it is no surprise to me that the Appeals Court has now opened the door once again for Uncle Don to keep on placing his tariffs …..what else are you going to expect when so many of the courts are so loyal to the Don? — But no fear .. the time is very near now when the Don will be allowed by law to ignore everything all the courts say with impunity — because there is a clause in the Big Beautiful Bill that will memorialize his abilities to rule by decree without any guardrails at all whatsoever….and then he will be free to do whatever he needs to do in his righteous quest to stamp out the corruptions of the past and to make America into the Golden Age Greatness that it is so massively entitled to be. We are on the cusp of a new and glorious generation, my friends … out with the old and in with the new ….Glory Glory Hallelujah …His Truth is Marching On!
WE all knew he would find a butt licker to side with him. chuq
It’s strangely comforting to see courts beginning to fight back. And it just may be that the word “impeachment” might be a tad closer to the surface. One can dream
One should dream but I think he has too many friends for impeachment to succeed. chuq