Thoughts on Today’s Oral Argument in Our Case Against Trump’s IEEPA Tariffs
Earlier today, a three-judge panel of the US Court of International Trade heard oral arguments in the case challenging Donald Trump’s massive “Liberation Day” tariffs brought by the Liberty Justice Center and myself on behalf five US businesses harmed by the tariffs. The Administration claims that the President’s imposition of 10% or higher tariffs on virtually every nation in the world is authorized by the International Emergency Economic Powers Act of 1977  even though IEEPA doesn’t mention tariffs at all, and its invocation requires the existence of a “national emergency” and an “unusual and extraordinary threat” to the United States.
Audio of the oral argument is available at the Court of International Trade website. It’s generally difficult to predict the the outcome of a case based on oral argument. Judges will sometimes rule on issues that get little or no play in argument. Still, I was encouraged by the fact that all three judges seemed skeptical of the government’s claim that IEEPA gives the president virtually unlimited power to impose tariffs. And, as we have argued from the beginning, the government’s position amounts to saying that the president can impose tariffs of any amount, on any nation, at any time, for as long as he wants.
The issue of limits came up again and again during the argument. Judge Restani noted to the government’s lawyer that “[t]here’s no limit, is what you’re saying — there’s no limit.” She also suggested that the government’s position would enable the president to declare that a shortage of peanut butter qualifies as a “national emergency” and an “unusual and extraordinary threat” justifying tariffs. She did not strike me as happy with that state of affairs.
Judge Katzmann suggested that the government’s position amounted to “deleting” the role of the judiciary from reviewing the legality of tariffs. Judge Reif – whom some observers belie
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