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The US Court of Appeals for the Federal Circuit allowed the Trump administration to continue imposing sweeping tariffs on Thursday, granting an emergency motion to stay a lower court decision.
The US Court of International Trade had granted a motion to block the Trump administration’s global tariffs on Wednesday. The trade court held that the global tariffs were unconstitutional because the president exceeded the scope of powers granted to him under the International Emergency Economic Powers Act (IEEPA). The court reasoned that the constitution allocates tariff power to Congress and that its reading of the IEEPA does not grant an unbounded tariff authority to the president.
In response to the trade court’s ruling, Acting Assistant Attorney General Yaakov Roth filed an emergency motion for a stay pending appeal and an immediate administrative stay. The government is arguing that the judgment is rife with legal errors and undermines the president’s foreign policy decision-making and diplomatic negotiations and threatens the nation’s economic well-being and national security. The emergency motion was granted, allowing the tariffs to remain in place for the time being. The appeals court directed the plaintiffs to respond to the government’s motions no later than June 5.
In a separate case Thursday, Judge Rudolph Contreras of the US District Court for the District of Columbia issued a preliminary injunction blocking the tariffs. This case involves two businesses that source materials from China, Taiwan, Korea, Vietnam, Thailand, and India, countries impacted by the tariffs. The plaintiffs argue that they would suffer irreparable harm because the tariffs would compel them to raise prices by seventy percent. Further, their interpretation of the IEEPA is that the legislation distinguishes the executive branch’s regulatory powers apart from the authority to levy a tax. The district court agreed, holding held that the IEEPA does not allow the president to levy tariffs at all. The preliminary injunction will not take effect for 14 days.
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The US Court of International Trade had granted a motion to block the Trump administration’s global tariffs on Wednesday. The trade court held that the global tariffs were unconstitutional because the president exceeded the scope of powers granted to him under the International Emergency Economic Powers Act (IEEPA). The court reasoned that the constitution allocates tariff power to Congress and that its reading of the IEEPA does not grant an unbounded tariff authority to the president.
In response to the trade court’s ruling, Acting Assistant Attorney General Yaakov Roth filed an emergency motion for a stay pending appeal and an immediate administrative stay. The government is arguing that the judgment is rife with legal errors and undermines the president’s foreign policy decision-making and diplomatic negotiations and threatens the nation’s economic well-being and national security. The emergency motion was granted, allowing the tariffs to remain in place for the time being. The appeals court directed the plaintiffs to respond to the government’s motions no later than June 5.
In a separate case Thursday, Judge Rudolph Contreras of the US District Court for the District of Columbia issued a preliminary injunction blocking the tariffs. This case involves two businesses that source materials from China, Taiwan, Korea, Vietnam, Thailand, and India, countries impacted by the tariffs. The plaintiffs argue that they would suffer irreparable harm because the tariffs would compel them to raise prices by seventy percent. Further, their interpretation of the IEEPA is that the legislation distinguishes the executive branch’s regulatory powers apart from the authority to levy a tax. The district court agreed, holding held that the IEEPA does not allow the president to levy tariffs at all. The preliminary injunction will not take effect for 14 days.
The post US appeals court allows Trump tariffs to proceed appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.