Can Trump Use Emergency Powers To Tax All Imports? His Tariffs Are Back in Court on Thursday.
On the day before President Donald Trump’s next set of tariff hikes is set to materialize, a federal appeals court will grapple with the big, unanswered question underpinning the president’s aggressive and unprecedented trade policies.
Does he really have the power to do this?
On Thursday morning, the U.S. Court of Appeals for the Federal Circuit will hear oral arguments in a case that could determine the fate of the Trump tariffs—or clear the way for a huge expansion of executive control over economic affairs. The administration is appealing a May decision from the Court of International Trade (CIT), where judges unanimously sided with a collection of small business owners and state attorneys general who challenged the president’s use of emergency powers to impose tariffs on nearly all imports.
At the center of the case is the International Emergency Economic Powers Act (IEEPA), the 1977 law that the Trump administration used in February to slap tariffs on imports from Canada, China, and Mexico. The Trump administration again invoked IEEPA to impose its so-called “Liberation Day” tariffs in early April, which included a universal 10 percent tariff on all imports and higher, country-specific tariffs, some of which are set to go into effect on August 1 after being delayed several times.
In May, the CIT ruled that Trump had overstepped the authority granted by the emergency powers law. “We do not read IEEPA to delegate an unbounded tariff authority to the president,” the judges said in a unanimous opinion. “We instead read IEEPA’s provisions to impose meaningful limits on any such authority it confers.”
The Trump administration appealed that ruling, and the U.S. Court of Appeals for the Federal Circuit placed a temporary stay on the lower court’s ruling, allowing the tariffs to remain in force until the appeals court has a chance to review the case.
In its brief to the appeals court, the administration argues that the lower court “erred in concluding that IEEPA did not authorize the [Liberation Day] reciprocal tariffs” and that the president’s claim of a claimed emergency—relate
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