Trump's Tariffs Status: Essential Information You Need to Understand
The U.S. Court of Appeals for the Federal Circuit has ruled that President Donald Trump's tariffs are illegal, stating that the International Emergency Economic Powers Act (IEEPA) does not provide the president with wide-ranging authority to issue tariffs.
In a 7-4 decision, the appellate court ruled that Trump's use of the IEEPA to justify his tariffs is an unconstitutional delegation of legislative authority. The ruling covers Trump's "reciprocal" tariffs imposed on most U.S. trade partners, including additional rates on goods imported from China, Mexico, and Canada.
However, the court's ruling does not immediately overturn the tariffs. They will remain in place for weeks as the Trump administration brings the case to the Supreme Court. The appellate court's ruling will not take effect until October 14, allowing the Trump administration time to appeal.
The White House spokesperson, Kush Desai, stated that the president's tariffs remain in effect, and they look forward to ultimate victory on this matter. Trump suggested that the Supreme Court would help keep the tariffs in place for the "benefit of our Nation."
The IEEPA, a 1977 law that allows the president to regulate international trade, neither mentions tariffs nor has procedural safeguards that set limits on the president's power to impose tariffs. The Trump administration has argued that courts previously approved President Richard Nixon's emergency use of tariffs in 1971 under earlier emergency powers legislation.
If the tariffs imposed by President Trump are declared illegal, the U.S. could be forced to repay billions collected under these tariffs. This would significantly disrupt Trump's economic and foreign policy agenda. The Supreme Court is currently being asked to decide on the legality, with the Trump administration urging a rapid review to uphold presidential authority to impose such tariffs under emergency powers.
Trump criticised the U.S. Court of Appeals for the Federal Circuit's ruling as "Highly Partisan." He threatened that if the appellate court's ruling is "allowed to stand," it would "literally destroy the United States of America."
It's not immediately clear how the ruling would impact trade deals reached between the U.S. and countries like Japan, South Korea, and others in response to the tariffs. If upheld, the ruling would prevent the levies from being enforced, but other tariffs, including those imposed on steel, aluminum, and copper, would remain in place because they were issued under a different presidential authority.
Trump claimed that if the tariffs ever went away, it would be a "total disaster" for the country. However, the long-term implications of the court's decision remain to be seen. The Supreme Court's ruling on this matter could have significant implications for presidential power and the future of U.S. trade policy.
The ruling upholds a decision from the Court of International Trade in May, which disputed Trump's authority to impose sweeping tariffs under the IEEPA. The case is now in the hands of the Supreme Court, which will decide whether to uphold or overturn the lower court's ruling.
In response to the ruling, Trump wrote on Truth Social that all tariffs are still in effect. He also suggested that the Supreme Court would help keep the tariffs in place for the "benefit of our Nation." The Trump administration has said they will appeal the ruling and look forward to a favourable outcome.
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