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U.S. Appeals Court Rules Most of Trump's Tariffs Unlawful, Sets Stage for Supreme Court Battle
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TMTPOST -- A   federal appeals court on Friday ruled all the tariffs U.S. President Donald Trump introduced   under   the International Emergency Economic Powers Act of 1977 ( IEEPA )   are unlawful,   setting the stage   for a   legal   battle   bound   for the Supreme Court.

Credit:U.S. Court of Appeals for the Federal Circuit

The U.S. Court of Appeals for the Federal Circuit in Washington, D.C. found Trump   overstepped his presidential powers   with his   global   tariffs. The court   said in a flling that   it agreed that   the IEEPA ’ s grant of presidential authority to "regulate"   imports does   not authorize the   tariffs imposed by   his   five   executive orders.

The Trump administration had argued that a   president can unilaterally impose wide-ranging, global tariffs by invoking IEEPA   to protect the U.S.   from international threats. Enacted in 1977,   IEEPA authorizes the president to "regulate" international commerce after declaring a national emergency.   But the Federal Circuit   on Friday upheld a lower-court ruling against   Trump ’ s tariff.

The ruling shot down most of tariffs that the Trump administration has implemented so far this year, including reciprocal tariffs on all the trading partners and trafficking tariffs hitting Canada, Mexico and China. We dissent from the majority ’ s affirmance of the Court of International Trade ( CIT ) ’ s summary judgment that the reciprocal and trafficking tariffs are unlawful,   the appeals court in its   opinion released on   Friday concluded.

The three-judge CIT   in Manhattan on May 28   ordered permanently halt orders regarding tariffs and barred all modifications to them, blocking the Trump administration ’ s tariffs dating   back to February 1, including the reciprocal tariffs against almost all the U.S. trading partners announced on April 2, the self-proclaimed "Liberation Day".

The panel of federal judges ruled the   IEEPA   that Trump invoked to justify the tariffs, doesn ’ t authorize any of the Trump ’ s tariff order. "The court does not read IEEPA to confer such unbounded authority and sets aside the challenged tariffs imposed thereunder,"   the judges said in their decision.

The Trump administration appealed the trade court ’ s ruling at night on May 28 to the U.S. Court of Appeals for the Federal Circuit. The appeals   court   a   day later   granted a request from the White House to temporarily pause   the Court of International Trade ’ s ruling.

In a 7-4 vote   ruling   on Friday,   the Federal Circuit   stated   IEEPA   "bestows significant authority on the president to undertake a number of actions in response to a declared national emergency, but none of these actions explicitly include the power to impose tariffs, duties, or the like, or the power to tax."

"We affirm the CIT ’ s holding that the Trafficking and   Reciprocal Tariffs imposed by the Challenged Executive   Orders exceed the authority delegated to the President by   IEEPA ’ s text. We also affirm the CIT ’ s grant of declaratory   relief that the orders are "invalid as contrary to law,"   said   the Federal Circuit   in its opinion.

While the latest decision   of the   appeals court stroke   a big blow   to   the core of   Trump ’ s trade   policy, the tariffs remain   in place as   the case continues to be adjudicated in the CIT.   The appeals   court   said its ruling   would not come into effect until   October   14, effectively   giving   the Trump   administration a   chance   and time to file   an appeal   with the   Supreme   Court.  

Trump responded the ruling on   his social media Truth Social:   "ALL   TARIFFS ARE   STILL IN   EFFECT!"    "Today a Highly Partisan Appeals Court incorrectly said that our Tariffs should be removed, but they know the United States of America will win in the end,"   he posted.   "If these Tariffs ever went away, it would be a total disaster for the Country. It would make us financially weak, and we have to be strong."

Trump suggested   his administration would   make the case to the U.S. Supreme   Court.   "For many years, Tariffs were allowed to be used against us by our uncaring and unwise Politicians. Now, with the help of the United States Supreme Court, we will use them to the benefit of our Nation,"   he wrote.

"President Trump lawfully exercised the tariff powers granted to him by Congress to defend our national and economic security from foreign threats. The president ’ s tariffs remain in effect, and we look forward to ultimate victory on this matter." White House spokesman Kush Desai told Fox News later   Friday.

On May 29, a   day   following the   CIT ruling   unveiled, Trump    suggested the administration would seek a Supreme Court battle to challenge the ruling. "Hopefully, the Supreme Court will reverse this horrible, Country threatening decision, QUICKLY and DECISIVELY," the president wrote in a social media post.

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