Posted on 09/01/2025 4:02:39 PM PDT by E. Pluribus Unum
OPINION:
The Federal Circuit’s majority decision striking down President Trump’s emergency tariffs is a poster child of weaponized partisan injustice. The powerful dissent provides a clear road map for the Supreme Court to follow when it takes up the issue in October. That road map affirms what should be obvious: Mr. Trump acted squarely within his lawful authority under the International Emergency Economic Powers Act.
On the politics, six of the seven judges in the majority were appointed by Democratic presidents. Not a single Trump appointee sits on the Federal Circuit.
The states lined up against the tariffs form a solid blue bloc, each led by a Democratic governor and a Democratic-dominated legislature.
The importer plaintiffs are small, import-dependent businesses reliant on Chinese and other foreign supply chains. Their lawsuits are being advanced by legal nonprofits that have received significant funding from Koch-aligned philanthropies and other conservative megadonors. Some of this support has flowed through donor-advised funds, often described by watchdogs as “dark money.” Koch-aligned groups have publicly opposed tariffs for years.
On the law, this case boils down to three questions: Do fentanyl trafficking and massive trade deficits constitute national emergencies? Is imposing tariffs a legitimate way to “regulate” imports? Are Mr. Trump’s tariffs, as the majority claims, “permanent” overreach under IEEPA?
At stake is whether the president of the United States retains the tools to defend this nation, whether against the cartel-driven flood of fentanyl from China or the chronic trade deficits that hollow out factories, destroy jobs, weaken supply chains and leave America vulnerable to foreign coercion.
The national emergency test
For a president to act under IEEPA, there must be an “unusual and extraordinary” threat with its source outside the U.S., a formal emergency declared under the National Emergencies Act and measures used strictly to deal with that threat. Mr. Trump’s...
(Excerpt) Read more at washingtontimes.com ...
The leftist politicians.
The leftist news media people.
The biased judges.
When war comes, not of our choosing, who do you fight first?
We won an election against the odds including the cheating and slanders and lawfare.
Now we can’t help it that the losers wouldn’t accept that.
They have endangered our lives with violent illegals, grifters taking our tax money and the soft on crime justice system favoring the guilty.
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises ... (Article 1, Section 8)
Congress cannot sign over its constitutional powers to the Executive Branch of the U.S. government.
The Trade Act of 1974 gives POTUS tariff authority. But you knew that.
Congress cannot sign over its constitutional powers to the Executive Branch of the U.S. government.
Trade Act of 1974 gives potus tariff authority. If you need help reading then seek help.
Before MOORE, Chief Judge, LOURIE, DYK, PROST, REYNA,
TARANTO, CHEN, HUGHES, STOLL, CUNNINGHAM, and
STARK, Circuit Judges.
Opinion for the court joined by Circuit Judges LOURIE,
DYK, REYNA, HUGHES, STOLL, CUNNINGHAM, and STARK.
Additional views filed by Circuit Judge CUNNINGHAM,
joined by Circuit Judges LOURIE, REYNA, and STARK.
Dissenting Opinion filed by Circuit Judge TARANTO, in
which Chief Judge MOORE, and Circuit Judges PROST and
CHEN, join.
When war comes, not of our choosing, who do you fight first?
Why wait for war to come which isn't going to happen anyway? Why not start now?
The leftist politicians.
Boycott the cities and states that elect them to the best of your ability.
The leftist news media people.
Cut the cord.
The biased judges.
Boycott the cities and states that elect the politicians who appoint them to the best of your ability.
The left won by making their money count while we "lived and let live". The only reason they're losing now is because boys don't have periods and men can't get pregnant.
We can't keep counting on them to find ways to lose. We need to make our money count if we want to expand on what we've won.
If this goes to the U.S. Supreme Court, don’t be surprised if it ends up in a 7-2 ruling that the Trade Act of 1974 is blatantly unconstitutional — with Justice Clarence Thomas writing the majority opinion.
# Title Judge Duty station Born Term of service Appointed by
Active Chief
31 Chief Judge Kimberly A. Moore Washington, D.C. 1968 2006–present 2021–present G.W. Bush
16 Circuit Judge Pauline Newman[a] Washington, D.C. 1927 1984–present — — Reagan
22 Circuit Judge Alan David Lourie Washington, D.C. 1935 1990–present — — G.H.W. Bush
29 Circuit Judge Timothy B. Dyk Washington, D.C. 1937 2000–present — — Clinton
30 Circuit Judge Sharon Prost Washington, D.C. 1951 2001–present 2014–2021 G.W. Bush
33 Circuit Judge Jimmie V. Reyna Washington, D.C. 1952 2011–present — — Obama
35 Circuit Judge Richard G. Taranto Washington, D.C. 1957 2013–present — — Obama
36 Circuit Judge Raymond T. Chen Washington, D.C. 1968 2013–present — — Obama
37 Circuit Judge Todd M. Hughes Washington, D.C. 1966 2013–present — — Obama
38 Circuit Judge Kara Farnandez Stoll Washington, D.C. 1968 2015–present — — Obama
39 Circuit Judge Tiffany P. Cunningham Washington, D.C. 1976 2021–present — — Biden
40 Circuit Judge Leonard P. Stark Washington, D.C. 1969 2022–present — — Biden
The way the Constitution works is that either:
As it stands now, it appears that Trump acted lawfully. The question the Democrats are left to pursue is whether Congress acted lawfully. The wonder is why it is only now that the question of Congress' law is being reviewed?
-PJ
Before MOORE, Chief Judge, LOURIE, DYK, PROST, REYNA,
TARANTO, CHEN, HUGHES, STOLL, CUNNINGHAM, and
STARK, Circuit Judges.
Opinion for the court joined by Circuit Judges LOURIE [Grabby Poppy stooge],
DYK [Clinton stooge], REYNA [Obama stooge], HUGHES [Obama stooge], STOLL [Obama stooge], CUNNINGHAM [Biden stooge], and STARK [Biden stooge].
Additional views filed by Circuit Judge CUNNINGHAM [Biden stooge],
joined by Circuit Judges LOURIE [Grabby Poppy stooge], REYNA [Obama stooge], and STARK [Biden stooge].
Dissenting Opinion filed by Circuit Judge TARANTO, in
which Chief Judge MOORE, and Circuit Judges PROST and
CHEN, join.
The wonder is why it is only now that the question of Congress' law is being reviewed?
Probably because it's the first time widespread tariffs have been imposed under some specious declaration of a "national emergency."
I will also point out that the Trump administration seriously undermines itself by trotting out these men like Peter Navarro and Howard Lutnick to take leadership roles on tariff and trade matters. These guys are economists and financiers who don't know the first thing about the process of industrial R&D, manufacturing a product, working through a maze of idiotic laws and regulations right here at home in the U.S., and bringing that product to market.
Youngstown Steel (1952)
Your globalist Mandarin slip is showing.
Seems to me that Congress can exercise its power by delegating it to the Executive.
That road map affirms what should be obvious: Mr. Trump acted squarely within his lawful authority under the International Emergency Economic Powers Act.
Executive Order 14289 of April 29, 2025Addressing Certain Tariffs on Imported Articles
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.), section 604 of the Trade Act of 1974, as amended (19 U.S.C. 2483), section 232 of the Trade Expansion Act of 1962, as amended (19 U.S.C. 1862), ), and section 301 of title 3, United States Code, it is hereby ordered:
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U.S. Constitution, Article 1, Section 8:
Section 8.The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;
CITED STATUTES
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)
https://www.law.cornell.edu/uscode/text/50/1701
50 U.S. Code § 1701 - Unusual and extraordinary threat; declaration of national emergency; exercise of Presidential authorities(a) Any authority granted to the President by section 1702 of this title may be exercised to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat.
(b) The authorities granted to the President by section 1702 of this title may only be exercised to deal with an unusual and extraordinary threat with respect to which a national emergency has been declared for purposes of this chapter and may not be exercised for any other purpose. Any exercise of such authorities to deal with any new threat shall be based on a new declaration of national emergency which must be with respect to such threat.
(Pub. L. 95–223, title II, § 202, Dec. 28, 1977, 91 Stat. 1626.)
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https://dictionary.cambridge.org/dictionary/english/unusual">
Unusual: different from others of the same type in a way that is surprising, interesting, or attractive:
https://dictionary.cambridge.org/dictionary/english/extraordinary">
extraordinary: very unusual, special, unexpected, or strange
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https://www.law.cornell.edu/uscode/text/50/1702">
50 U.S. Code § 1702 - Presidential authorities(a) In general
(1) At the times and to the extent specified in section 1701 of this title, the President may, under such regulations as he may prescribe, by means of instructions, licenses, or otherwise—
(A) investigate, regulate, or prohibit—
(i) any transactions in foreign exchange,
(ii) transfers of credit or payments between, by, through, or to any banking institution, to the extent that such transfers or payments involve any interest of any foreign country or a national thereof,
(iii) the importing or exporting of currency or securities, by any person, or with respect to any property, subject to the jurisdiction of the United States;
(B) investigate, block during the pendency of an investigation, regulate, direct and compel, nullify, void, prevent or prohibit, any acquisition, holding, withholding, use, transfer, withdrawal, transportation, importation or exportation of, or dealing in, or exercising any right, power, or privilege with respect to, or transactions involving, any property in which any foreign country or a national thereof has any interest by any person, or with respect to any property, subject to the jurisdiction of the United States; and.[1]
(C) when the United States is engaged in armed hostilities or has been attacked by a foreign country or foreign nationals, confiscate any property, subject to the jurisdiction of the United States, of any foreign person, foreign organization, or foreign country that he determines has planned, authorized, aided, or engaged in such hostilities or attacks against the United States; and all right, title, and interest in any property so confiscated shall vest, when, as, and upon the terms directed by the President, in such agency or person as the President may designate from time to time, and upon such terms and conditions as the President may prescribe, such interest or property shall be held, used, administered, liquidated, sold, or otherwise dealt with in the interest of and for the benefit of the United States, and such designated agency or person may perform any and all acts incident to the accomplishment or furtherance of these purposes.
(2) In exercising the authorities granted by paragraph (1), the President may require any person to keep a full record of, and to furnish under oath, in the form of reports or otherwise, complete information relative to any act or transaction referred to in paragraph (1) either before, during, or after the completion thereof, or relative to any interest in foreign property, or relative to any property in which any foreign country or any national thereof has or has had any interest, or as may be otherwise necessary to enforce the provisions of such paragraph. In any case in which a report by a person could be required under this paragraph, the President may require the production of any books of account, records, contracts, letters, memoranda, or other papers, in the custody or control of such person.
(3) Compliance with any regulation, instruction, or direction issued under this chapter shall to the extent thereof be a full acquittance and discharge for all purposes of the obligation of the person making the same. No person shall be held liable in any court for or with respect to anything done or omitted in good faith in connection with the administration of, or pursuant to and in reliance on, this chapter, or any regulation, instruction, or direction issued under this chapter.
(b) Exceptions to grant of authority
The authority granted to the President by this section does not include the authority to regulate or prohibit, directly or indirectly—
(1) any postal, telegraphic, telephonic, or other personal communication, which does not involve a transfer of anything of value;
(2) donations, by persons subject to the jurisdiction of the United States, of articles, such as food, clothing, and medicine, intended to be used to relieve human suffering, except to the extent that the President determines that such donations (A) would seriously impair his ability to deal with any national emergency declared under section 1701 of this title, (B) are in response to coercion against the proposed recipient or donor, or (C) would endanger Armed Forces of the United States which are engaged in hostilities or are in a situation where imminent involvement in hostilities is clearly indicated by the circumstances; or [2]
(3) the importation from any country, or the exportation to any country, whether commercial or otherwise, regardless of format or medium of transmission, of any information or informational materials, including but not limited to, publications, films, posters, phonograph records, photographs, microfilms, microfiche, tapes, compact disks, CD ROMs, artworks, and news wire feeds. The exports exempted from regulation or prohibition by this paragraph do not include those which are otherwise controlled for export under section 4604 [3] of this title, or under section 4605 [3] of this title to the extent that such controls promote the nonproliferation or antiterrorism policies of the United States, or with respect to which acts are prohibited by chapter 37 of title 18; or
(4) any transactions ordinarily incident to travel to or from any country, including importation of accompanied baggage for personal use, maintenance within any country including payment of living expenses and acquisition of goods or services for personal use, and arrangement or facilitation of such travel including nonscheduled air, sea, or land voyages.
(c) Classified information
In any judicial review of a determination made under this section, if the determination was based on classified information (as defined in section 1(a) of the Classified Information Procedures Act) such information may be submitted to the reviewing court ex parte and in camera. This subsection does not confer or imply any right to judicial review.
(Pub. L. 95–223, title II, § 203, Dec. 28, 1977, 91 Stat. 1626; Pub. L. 100–418, title II, § 2502(b)(1), Aug. 23, 1988, 102 Stat. 1371; Pub. L. 103–236, title V, § 525(c)(1), Apr. 30, 1994, 108 Stat. 474; Pub. L. 107–56, title I, § 106, Oct. 26, 2001, 115 Stat. 277.)
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The National Emergencies Act (50 U.S.C. 1601 et seq.)
https://www.law.cornell.edu/uscode/text/50/1601
50 U.S. Code § 1601 - Termination of existing declared emergencies(a) All powers and authorities possessed by the President, any other officer or employee of the Federal Government, or any executive agency, as defined in section 105 of title 5, as a result of the existence of any declaration of national emergency in effect on September 14, 1976, are terminated two years from September 14, 1976. Such termination shall not affect—
(1) any action taken or proceeding pending not finally concluded or determined on such date;
(2) any action or proceeding based on any act committed prior to such date; or
(3) any rights or duties that matured or penalties that were incurred prior to such date.
(b) For the purpose of this section, the words “any national emergency in effect” means a general declaration of emergency made by the President.
(Pub. L. 94–412, title I, § 101, Sept. 14, 1976, 90 Stat. 1255.)
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Section 604 of the Trade Act of 1974, as amended (19 U.S.C. 2483)
https://www.law.cornell.edu/uscode/text/19/2483
19 U.S. Code § 2483 - Consequential changes in Tariff Schedules of the United StatesThe President shall from time to time, as appropriate, embody in the Harmonized Tariff Schedule of the United States the substance of the relevant provisions of this chapter, and of other Acts affecting import treatment, and actions thereunder, including removal, modification, continuance, or imposition of any rate of duty or other import restriction.
(Pub. L. 93–618, title VI, § 604, Jan. 3, 1975, 88 Stat. 2073; Pub. L. 100–418, title I, §§ 1213(a), 1214(j)(4), Aug. 23, 1988, 102 Stat. 1155, 1158.)
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Section 232 of the Trade Expansion Act of 1962, as amended (19 U.S.C. 1862)
https://www.law.cornell.edu/uscode/text/19/1862
19 U.S. Code § 1862 - Safeguarding national security(a) Prohibition on decrease or elimination of duties or other import restrictions if such reduction or elimination would threaten to impair national security
No action shall be taken pursuant to section 1821(a) of this title or pursuant to section 1351 of this title to decrease or eliminate the duty or other import restrictions on any article if the President determines that such reduction or elimination would threaten to impair the national security.
(b) Investigations by Secretary of Commerce to determine effects on national security of imports of articles; consultation with Secretary of Defense and other officials; hearings; assessment of defense requirements; report to President; publication in Federal Register; promulgation of regulations
(1)
(A) Upon request of the head of any department or agency, upon application of an interested party, or upon his own motion, the Secretary of Commerce (hereafter in this section referred to as the “Secretary”) shall immediately initiate an appropriate investigation to determine the effects on the national security of imports of the article which is the subject of such request, application, or motion.
(B) The Secretary shall immediately provide notice to the Secretary of Defense of any investigation initiated under this section.
(2)
(A) In the course of any investigation conducted under this subsection, the Secretary shall—
(i) consult with the Secretary of Defense regarding the methodological and policy questions raised in any investigation initiated under paragraph (1),
(ii) seek information and advice from, and consult with, appropriate officers of the United States, and
(iii) if it is appropriate and after reasonable notice, hold public hearings or otherwise afford interested parties an opportunity to present information and advice relevant to such investigation.
(B) Upon the request of the Secretary, the Secretary of Defense shall provide the Secretary an assessment of the defense requirements of any article that is the subject of an investigation conducted under this section.
(3)
(A) By no later than the date that is 270 days after the date on which an investigation is initiated under paragraph (1) with respect to any article, the Secretary shall submit to the President a report on the findings of such investigation with respect to the effect of the importation of such article in such quantities or under such circumstances upon the national security and, based on such findings, the recommendations of the Secretary for action or inaction under this section. If the Secretary finds that such article is being imported into the United States in such quantities or under such circumstances as to threaten to impair the national security, the Secretary shall so advise the President in such report.
(B) Any portion of the report submitted by the Secretary under subparagraph (A) which does not contain classified information or proprietary information shall be published in the Federal Register.
(4) The Secretary shall prescribe such procedural regulations as may be necessary to carry out the provisions of this subsection.
(c) Adjustment of imports; determination by President; report to Congress; additional actions; publication in Federal Register
(1)
(A) Within 90 days after receiving a report submitted under subsection (b)(3)(A) in which the Secretary finds that an article is being imported into the United States in such quantities or under such circumstances as to threaten to impair the national security, the President shall—
(i) determine whether the President concurs with the finding of the Secretary, and
(ii) if the President concurs, determine the nature and duration of the action that, in the judgment of the President, must be taken to adjust the imports of the article and its derivatives so that such imports will not threaten to impair the national security.
(B) If the President determines under subparagraph (A) to take action to adjust imports of an article and its derivatives, the President shall implement that action by no later than the date that is 15 days after the day on which the President determines to take action under subparagraph (A).
(2) By no later than the date that is 30 days after the date on which the President makes any determinations under paragraph (1), the President shall submit to the Congress a written statement of the reasons why the President has decided to take action, or refused to take action, under paragraph (1). Such statement shall be included in the report published under subsection (e).
(3)
(A) If—
(i) the action taken by the President under paragraph (1) is the negotiation of an agreement which limits or restricts the importation into, or the exportation to, the United States of the article that threatens to impair national security, and
(ii) either—
(I) no such agreement is entered into before the date that is 180 days after the date on which the President makes the determination under paragraph (1)(A) to take such action, or
(II) such an agreement that has been entered into is not being carried out or is ineffective in eliminating the threat to the national security posed by imports of such article, the President shall take such other actions as the President deems necessary to adjust the imports of such article so that such imports will not threaten to impair the national security. The President shall publish in the Federal Register notice of any additional actions being taken under this section by reason of this subparagraph.
(B) If—
(i) clauses (i) and (ii) of subparagraph (A) apply, and
(ii) the President determines not to take any additional actions under this subsection,
the President shall publish in the Federal Register such determination and the reasons on which such determination is based.
(d) [1] Domestic production for national defense; impact of foreign competition on economic welfare of domestic industries
For the purposes of this section, the Secretary and the President shall, in the light of the requirements of national security and without excluding other relevant factors, give consideration to domestic production needed for projected national defense requirements, the capacity of domestic industries to meet such requirements, existing and anticipated availabilities of the human resources, products, raw materials, and other supplies and services essential to the national defense, the requirements of growth of such industries and such supplies and services including the investment, exploration, and development necessary to assure such growth, and the importation of goods in terms of their quantities, availabilities, character, and use as those affect such industries and the capacity of the United States to meet national security requirements. In the administration of this section, the Secretary and the President shall further recognize the close relation of the economic welfare of the Nation to our national security, and shall take into consideration the impact of foreign competition on the economic welfare of individual domestic industries; and any substantial unemployment, decrease in revenues of government, loss of skills or investment, or other serious effects resulting from the displacement of any domestic products by excessive imports shall be considered, without excluding other factors, in determining whether such weakening of our internal economy may impair the national security.
(d) 1 Report by Secretary of Commerce
(1) Upon the disposition of each request, application, or motion under subsection (b), the Secretary shall submit to the Congress, and publish in the Federal Register, a report on such disposition.
(2) Omitted.
(f) Congressional disapproval of Presidential adjustment of imports of petroleum or petroleum products; disapproval resolution
(1) An action taken by the President under subsection (c) to adjust imports of petroleum or petroleum products shall cease to have force and effect upon the enactment of a disapproval resolution, provided for in paragraph (2), relating to that action.
(2)
(A) This paragraph is enacted by the Congress—
(i) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedures to be followed in that House in the case of disapproval resolutions and such procedures supersede other rules only to the extent that they are inconsistent therewith; and
(ii) with the full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as any other rule of that House.
(B) For purposes of this subsection, the term “disapproval resolution” means only a joint resolution of either House of Congress the matter after the resolving clause of which is as follows: “That the Congress disapproves the action taken under section 232 of the Trade Expansion Act of 1962 with respect to petroleum imports under ______ dated ______.”, the first blank space being filled with the number of the proclamation, Executive order, or other Executive act issued under the authority of subsection (c) of this section for purposes of adjusting imports of petroleum or petroleum products and the second blank being filled with the appropriate date.
(C)
(i) All disapproval resolutions introduced in the House of Representatives shall be referred to the Committee on Ways and Means and all disapproval resolutions introduced in the Senate shall be referred to the Committee on Finance.
(ii) No amendment to a disapproval resolution shall be in order in either the House of Representatives or the Senate, and no motion to suspend the application of this clause shall be in order in either House nor shall it be in order in either House for the Presiding Officer to entertain a request to suspend the application of this clause by unanimous consent.
(Pub. L. 87–794, title II, § 232, Oct. 11, 1962, 76 Stat. 877; Pub. L. 93–618, title I, § 127(d), Jan. 3, 1975, 88 Stat. 1993; Pub. L. 96–223, title IV, § 402, Apr. 2, 1980, 94 Stat. 301; Pub. L. 100–418, title I, § 1501(a), (b)(1), Aug. 23, 1988, 102 Stat. 1257, 1259.)
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Section 301 of title 3, United States Code
https://www.law.cornell.edu/uscode/text/3/301
3 U.S. Code § 301 - General authorization to delegate functions; publication of delegationsThe President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.
(Added Oct. 31, 1951, ch. 655, § 10, 65 Stat. 712.)
If that's the way it goes, so be it. Just know that SCOTUS will hear oral arguments in October, but the ruling won't come down until next June, maybe sooner. Meanwhile, the circuit court stayed its decision until SCOTUS rules, meaning that the tariffs are in place and Trump is free to continue to levy them.
That will give the tariffs the time to do what Trump intends for it to do. The tariffs may become moot by the time that SCOTUS rules, meaning that President Trump might have removed them by then or reduced them to the point that the impact of an adverse SCOTUS ruling that you suggest that would nullify the tariffs and shock the system like "Liberation Day" did would be minimized.
-PJ
The Executive Branch runs the IRS to administer and enforce the U.S. tax code, for example.
The IRS -- or the President himself -- cannot make up income tax or capital gains tax rates on its own, on the other hand.
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