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Federal court blocks Trump from imposing sweeping tariffs under emergency powers law
Associated Press ^ | 5/28/2025 | LINDSAY WHITEHURST and JOSH BOAK

Posted on 05/28/2025 6:27:36 PM PDT by Miami Rebel

A federal court on Wednesday blocked President Donald Trump from imposing sweeping tariffs on imports under an emergency-powers law, swiftly throwing into doubt Trump’s signature set of economic policies that have rattled global financial markets, frustrated trade partners and raised broader fears about inflation intensifying and the economy slumping.

The ruling from a three-judge panel at the New York-based U.S. Court of International Trade came after several lawsuits arguing Trump’s “Liberation Day” tariffs exceeded his authority and left the country’s trade policy dependent on his whims.

But for now, Trump might not have the threat of import taxes to exact his will on the world economy as he had intended, since doing so would require congressional approval. What remains unclear is whether the White House will respond to the ruling by pausing all of its emergency power tariffs in the interim.

Trump might still be able to temporarily launch import taxes of 15% for 150 days on nations with which the U.S. runs a substantial trade deficit. The ruling notes that a president has this authority under Section 122 of the Trade Act of 1974.

The ruling amounted to a categorical rejection of the legal underpinnings of some of Trump’s signature and most controversial actions of his four-month-old second term. The administration swiftly filed notice of appeal — and the Supreme Court will almost certainly be called upon to lend a final answer — but it casts a sharp blow.

The case was heard by three judges: Timothy Reif, who was appointed by Trump, Jane Restani, named to the bench by President Ronald Reagan and Gary Katzman, an appointee of President Barack Obama.

(Excerpt) Read more at apnews.com ...


TOPICS: Business/Economy; Miscellaneous
KEYWORDS: bs; commerce; concerntroll; concerntrolling; courts; judgewatch; judicialoverreach; tariffs; tds; trade
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To: Lod881019

Harris most definitely lost, but sanctions and tariffs are NOT the same thing, and even more interestingly, not all tariffs are created equal. For the third time on this thread, I’ll point out that the court did not rule all tariffs to be unconstitutionally imposed.

https://www.courthousenews.com/wp-content/uploads/2025/05/court-of-international-trade-trump-tariffs-illegal.pdf

The conclusion:

The court holds for the foregoing reasons that IEEPA does not authorize any of the Worldwide, Retaliatory, or Trafficking Tariff Orders. The Worldwide and Retaliatory Tariff Orders exceed any authority granted to the President by IEEPA to regulate importation by means of tariffs.


61 posted on 05/28/2025 7:35:09 PM PDT by Miami Rebel
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To: Miami Rebel

The Worldwide and Retaliatory Tariff Orders exceed any authority granted to the President by IEEPA to regulate importation by means of tariffs,>>> clear to make the tariffs not worldwide and don’t use the word retaliatory. They are country specific and equalizing.


62 posted on 05/28/2025 7:37:39 PM PDT by kvanbrunt2
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To: Captainpaintball

I don’t think I’m going out on a limb in suggesting that your position is outright fascist.

As a sidenote, I wonder why you’d expect that a nation ruled by a lawless junta for 20 years would ever decide to return to the enlightened world of Madison, Ja=ay, Hamilton, and Morris.


63 posted on 05/28/2025 7:39:04 PM PDT by Miami Rebel
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To: Miami Rebel

Who’s “Republic”?


64 posted on 05/28/2025 7:40:26 PM PDT by RckyRaCoCo (Time to throw them out of the Temple...again)
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To: kvanbrunt2

“They are country specific and equalizing.”

I’m not arguing against adjusting our tariff structure, but no, these emergency tariffs are not equalizing. We blanketed the world with 10% tariffs, even against countries like the UK and Australia with which we run surpluses.


65 posted on 05/28/2025 7:42:05 PM PDT by Miami Rebel
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To: Miami Rebel
The case was heard by three judges: Timothy Reif, who was appointed by Trump, Jane Restani, named to the bench by President Ronald Reagan and Gary Katzman, an appointee of President Barack Obama.
66 posted on 05/28/2025 7:43:58 PM PDT by Reynoldo (BurnLootMurder)
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To: wiseprince

Presidency is finished if he doesn’t push back(and he won’t)
——————————————————
Yes sir. He’s been getting it handed back to him by he judicial branch on all fronts. I’m even hearing the worry from serious trumpers. And the pub ies get thier Arses handed to them in the mid terms Trump will be tied up even more.
Turn out the lights, the parties over………


67 posted on 05/28/2025 7:45:17 PM PDT by hillarys cankles
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To: kiryandil

It’s a shame President Trump appointed him, but there are no take-backsies.

And there’s the Reagan appointee who sided with the other two.


68 posted on 05/28/2025 7:46:30 PM PDT by Miami Rebel
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To: Miami Rebel

I posted about Jane Restani - they normally take senior status at 65 - she waited till 67.

She could have waited the year to see the election outcome and held out for a Pubbie replacement.

Reagan judges have a tendency to “grow in office”.


69 posted on 05/28/2025 7:54:07 PM PDT by kiryandil (No one in AZ that voted for Trump voted for Gallego )
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To: Miami Rebel

I keep track of the Article III judges on Free Republic.

I could tell you stuff that would make your skin crawl.


70 posted on 05/28/2025 7:56:55 PM PDT by kiryandil (No one in AZ that voted for Trump voted for Gallego )
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To: DesertRhino

I think trump’s going to have to write down what he wants and send it to congress. Get it done. Let’s go around the judges. We have the congress so no excuses.


71 posted on 05/28/2025 8:00:54 PM PDT by napscoordinator (DeSantis is a beast! Florida is the freest state in the country! )
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To: Miami Rebel
The judiciary does not have standing.


72 posted on 05/28/2025 8:04:36 PM PDT by logi_cal869 (-cynicus the "concern troll" a/o 10/03/2018 /!i!! &@$%&*(@ -')
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To: hillarys cankles
I think the pubbies will lose in the midterms anyways, the margins are just too narrow and will take a minimum of cheating to get the handful of seats required to get the House and even the Senate.

That said, I think DJT may go ahead and pull out all the stops after the midterms, especially when the pubbies lose Congress. Because at that point, he's getting impeached anyway so might as well go for broke.

73 posted on 05/28/2025 8:13:11 PM PDT by thescourged1 (Rush, is it time to panic yet? )
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To: Miami Rebel
> Thanks for your answer. I’m guessing that you’d have no problem sending Congress and the courts home and entrusting the future of our country to one man. It’d save a lot in salaries.

Strawman response.

I want what the founder's gave us, a Constitutional Republic, not a dictatorship, or an oligarchy, which it seems is what we actually have.

74 posted on 05/28/2025 8:20:23 PM PDT by SecondAmendment (The history of the present Federal Government is a history of repeated injuries and usurpations ...)
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To: thescourged1
I think the pubbies will lose in the midterms anyways, the margins are just too narrow and will take a minimum of cheating to get the handful of seats required to get the House and even the Senate.

The voting landscape is very different to what it was in 2010. Previously, you've had Bush/Romney voters who are now reliable Democratic voters.

You'll find them in NoVa, Atlanta, Phoenix, etc. They tend to be college educated and affluent.

Compared to 2016, Trump was able to improve in nearly every demographic except for this one.

So it'll be a problem in 2026 because Trump voters will stay home while the Democrats will win the House.

However, it'll help us in 2028 because we'll be able to turn out our base for either JD or Rubio.

The Democrats will double down on the crazy stuff in preparation for 2028 because they'll think that what they're doing is working because after all they'll win the midterms in 2026.

Perhaps, my predictions may be wrong. But I'm fairly confident that we'll have a problem with turning out our voters in 2026 because Trump won't be on the ballot.

75 posted on 05/28/2025 8:27:16 PM PDT by MinorityRepublican
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To: Miami Rebel

Yes they are why do you think Congress can vote to authorize sanctions on a country but it’s on the President to institute them if he so chooses and Congress can’t? The 1962 Act gave the President broad authority to impose tariffs as he sees fit and do have any polls showing Harris winning again just so I can get a bit of nostalgia going here


76 posted on 05/28/2025 8:30:10 PM PDT by Lod881019
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To: Miami Rebel

There would be “guarantees” built in. I know, I know. But your gay, weakling LOSER “ooooh! we have to be goooood! We have to do what is riiiiight!! We are better than they are! Jesus loves ME because I play by the RULES!” way of horsecrap FAILURE is not going to work. Joe Biden should have had his brains splatter all over the TV camera recording his execution by now.


77 posted on 05/28/2025 8:40:43 PM PDT by Captainpaintball (America needs a Conservative DICTATOR if it hopes to survive. )
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To: DesertRhino; kiryandil

Absolutely true. Trump and his team have chosen a path. It is narrow. The chances aren’t great that it will succeed. And it may be too late to turn things around.

But all the alternatives-every single damn one of them-ends in The United States of America driving off a cliff to ruin, dissolution, and worse.

I have developed a huge amount of contempt for several distinct types of Americans who aren’t wholly absorbed into Leftist dogma (those douchebags are beyond saving):

The first group are the kind of pussified defeatists and pessimists who conclude we cannot save this great nation and should just let it fall into the fire. F*ck them all. Just shut up and get out of the damn way.

The other group are the ones who clutch onto their money and investments, decrying any action that might harm them in the short term because they are too STUPID to recognize that just letting things go on as they are will have the same end result: They will lose everything in the end. And these assholes are ones we have to fight while fighting the Leftists at the same time.

We have both types on this forum. And I am sick to death of both of them.


78 posted on 05/28/2025 8:52:12 PM PDT by rlmorel (To Leftists, Conservative Speech is Violence, while they view their Violence as Speech.)
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To: kiryandil

I did not know joesbucks got booted.

Good riddance.


79 posted on 05/28/2025 8:53:22 PM PDT by rlmorel (To Leftists, Conservative Speech is Violence, while they view their Violence as Speech.)
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To: logi_cal869

Judges: Check your Constitution for the powers to determine foreign policy.
Tarriffs are foreign policy.

The President can ignore this.


80 posted on 05/28/2025 9:25:23 PM PDT by epluribus_2 (!)
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