There are trillions at stake. The current 7-4 decision from the U.S. Court of Appeals for the Federal Circuit surrounds a May decision by the U.S. Court of International Trade. The original case concluded that President Trump exceeded his authority under the 1977 law he invoked to impose both the fentanyl trafficking tariffs and his worldwide tariffs, the International Emergency Economic Powers Act (IEEPA). [SEE RULING HERE]
“We are not addressing whether the President’s actions should have been taken as a matter of policy. Nor are we deciding whether IEEPA authorizes any tariffs at all. Rather, the only issue we resolve on appeal is whether the Trafficking Tariffs and Reciprocal Tariffs imposed by the Challenged Executive Orders are authorized by IEEPA. We conclude they are not.”
It is obvious the Democrat appointed majority are tenuous in their position. No one doubts the presidential power to declare a national emergency. To wit, the ruling highlights a very nervous court with much of the language straddling the fence trying not give the impression they are interfering in Article II presidential powers to make foreign policy decisions.
Unelected judges restricting the power of the Executive Branch, and by extension restricting a President elected by the majority of the nations’ citizens to address a national emergency, is not a construct supported by the Supreme Court. The six activist judges on the federal appeals court panel seemingly know this; however, the power of the political -and I would guess financial- pressure compels them.
The court deferred their ruling which will not take effect until Oct. 14, giving the Trump administration time to appeal the decision to the Supreme Court. President Trump responded via Truth Social.
[VIA 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. 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. The U.S.A. will no longer tolerate enormous Trade Deficits and unfair Tariffs and Non Tariff Trade Barriers imposed by other Countries, friend or foe, that undermine our Manufacturers, Farmers, and everyone else. If allowed to stand, this Decision would literally destroy the United States of America. At the start of this Labor Day weekend, we should all remember that TARIFFS are the best tool to help our Workers, and support Companies that produce great MADE IN AMERICA products. 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, and Make America Rich, Strong, and Powerful Again! Thank you for your attention to this matter.” ~ President Donald J Trump
Even if the Supreme Court sided with the federal circuit decision, a tenuous guessing game at best, there are other tools and techniques already in place for President Trump to retain the tariffs.
The question at the heart of this argument is whether International Emergency Economic Powers Act, is the best justification for the tariff approach toward national security, where ‘economic security is defined as national security.’
Think about it. President Trump could instruct the USTR (Jamieson Greer) to dissolve all existing U.S. trade agreements within 90-days, due to the national debt emergency. A legally authorized zero-trade position.
Notice that no foreign nation is challenging these tariffs as applied. The legal challenges are all coming from inside the U.S.A, as multinational corporations fight to retain the status quo.
There are trillions at stake.
