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The US Court of Appeals for the Federal Circuit on Tuesday ruled that the Trump administration’s tariffs may remain in place while it reviews a lower court decision that originally blocked them.
The original lower court decision, a slip opinion from the US Court of International Trade, held that the International Emergency Economic Powers Act of 1977 (IEEPA) does not confer power on the president “to impose unlimited tariffs on goods from nearly every country in the world.”
The original complaint was filed by the Liberty Justice Center on behalf of five businesses. According to the complaint, the businesses had been “severely harmed” by the imposition of the tariffs. The lawsuit followed Donald Trump’s invocation of the IEEPA to “to strengthen the international economic position of the United States and protect American workers.” Trump imposed a 10-percent tariff on all countries as well as a higher reciprocal tariff on the countries with which the US has the largest trade deficits. As of April 2025, Trump raised US tariffs on most Chinese goods to 145 percent. It has been predicted that while Trump’s tariffs will raise significant revenue over the years, they will reduce long-run GDP by about 6 percent and wages by 5 percent, with middle-income households experiencing great loss.
The US Court of International Trade, in blocking the majority of Trump’s tariffs just a few weeks ago, reasoned that Trump imprudently expanded the national emergency to encompass threats such as drugs, criminals, gangs, and money laundering. The National Emergencies Act, which was passed in 1976, subjects the president’s declaration of a national emergency to specific procedural limitations. Further, the court held that Trump’s global tariffs likely ran afoul of the non-delegation and major questions doctrines. The nondelegation doctrine states that Congress is not permitted to transfer or “delegate” its legislative powers in an unlimited fashion to another branch of government. The major questions doctrine prevents agency or executive action of great economic or political significance without clear congressional authorization. The court stated that regardless of which approach was taken, Trump’s enactment of the worldwide tariffs was unconstitutional.
On appeal, US Court of Appeals for the Federal Circuit granted the US’ motions for a stay of the trade court’s ruling while it reviews that decision. Arguments have been set for July 31.
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The original lower court decision, a slip opinion from the US Court of International Trade, held that the International Emergency Economic Powers Act of 1977 (IEEPA) does not confer power on the president “to impose unlimited tariffs on goods from nearly every country in the world.”
The original complaint was filed by the Liberty Justice Center on behalf of five businesses. According to the complaint, the businesses had been “severely harmed” by the imposition of the tariffs. The lawsuit followed Donald Trump’s invocation of the IEEPA to “to strengthen the international economic position of the United States and protect American workers.” Trump imposed a 10-percent tariff on all countries as well as a higher reciprocal tariff on the countries with which the US has the largest trade deficits. As of April 2025, Trump raised US tariffs on most Chinese goods to 145 percent. It has been predicted that while Trump’s tariffs will raise significant revenue over the years, they will reduce long-run GDP by about 6 percent and wages by 5 percent, with middle-income households experiencing great loss.
The US Court of International Trade, in blocking the majority of Trump’s tariffs just a few weeks ago, reasoned that Trump imprudently expanded the national emergency to encompass threats such as drugs, criminals, gangs, and money laundering. The National Emergencies Act, which was passed in 1976, subjects the president’s declaration of a national emergency to specific procedural limitations. Further, the court held that Trump’s global tariffs likely ran afoul of the non-delegation and major questions doctrines. The nondelegation doctrine states that Congress is not permitted to transfer or “delegate” its legislative powers in an unlimited fashion to another branch of government. The major questions doctrine prevents agency or executive action of great economic or political significance without clear congressional authorization. The court stated that regardless of which approach was taken, Trump’s enactment of the worldwide tariffs was unconstitutional.
On appeal, US Court of Appeals for the Federal Circuit granted the US’ motions for a stay of the trade court’s ruling while it reviews that decision. Arguments have been set for July 31.
The post US appeals court allows Trump tariffs to remain in effect 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.