Posted on 08/30/2025 10:10:44 AM PDT by E. Pluribus Unum
A major can of worms just got opened.
In a late decision on Friday, August 29, the US Court of Appeals for the Federal Circuit in Washington, DC, decided 7 to 4 that Donald Trump’s tariffs were largely imposed without the proper authority. While the levies will remain in place until October 14, the fact that the challenge exists could be enough to cause more than just market turmoil.
From Court to Court
The DC court ruled the president did not have the right to implement the type of tariffs he did using the 1977 International Emergency Economic Powers Act (IEEPA). Historically, this has been used to levy sanctions when the US is under threat. Trump argued in a range of executive orders that the trade imbalance and the flow of illegal migrants and drugs through American borders constituted a justifiable threat.
Beyond the main ruling, the DC panel also sent a portion of the question back to the lower courts to decide whether – under this decision – just the parties involved in the lawsuit could reclaim the levies collected, or if all businesses that have paid should seek redress.
The case was brought by a number of state governments in cooperation with small businesses, which jointly argued that no emergency existed to justify the imposition of tariffs. Ultimately, it seems the Supreme Court will have to rule on at least one of two questions: First, whether the IEEPA warrants the range of tariffs imposed, or, second, whether any POTUS has the right to declare an emergency situation, and under what circumstances.
Of course, there are various legal routes the administration might take to challenge the DC court’s ruling, but expediency will almost certainly be the watchword.
Tariffs and Tests
Jeffery Schwab of the Liberty Justice Center, which represented the plaintiffs, said in...
(Excerpt) Read more at libertynation.com ...
Only two things both parties largely agree on: “free” trade and open borders .
The rat judiciary has replaced a rat majority
I don’t quite understand what the DC court is saying.
The Trade Act of 1974 granted the U.S. President authority to negotiate trade agreements to reduce or eliminate non-tariff trade barriers and authorized the United States Trade Representative (USTR) to impose tariffs under Section 301 in response to unfair foreign trade practices.
It also introduced Section 201, which allows for tariffs on imports causing injury to a domestic industry, and amended Section 337 of the Tariff Act of 1930 to give the International Trade Commission (ITC) more power in unfair import trade cases. This significant legislation aimed to make U.S. trade policy more transparent, democratic, and focused on achieving results rather than just negotiating rules.
wy69
Allow me to translate: "We hate Trump."
Good, balanced article.
Wrath , what a wistful word.
Damn democats
Which word did the DC Circus not understand?
I guess Trump could order the National Guard in DC to protect everyone in town EXCEPT the Circus judges who voted "Aye" on this Martian decision.
How about, "Damnicrats"?
Huh?? If the President does not have the right to declare and emergency situation we are lost as a country. The President was wrong to declare an emergency with the nuclear attack on Manhattan and retaliate with strikes on foreign capital city ShanGriLa. He had a range of other options from diplomatic to world court actions to seeking condemnation in the UN [no longer economic sanctions since We took that power away from him].
This is an absurdity. Further the states and others already have a remedy. If they think it not an emergency go to Congress and get a joint resolution ending the emergency. Then it is done.
And don't tell me that undermining US sovereignty over the past so many decades and bankrupting it to the tune of $36 T and growing is not an emergency.
Sure, someone could concoct an argument that they did, but they would be sophistry.
And despite SCOTUS giving him a lot of wins, my guess is they give him an L on that one.
Congress gave the president the authority over tariffs. The only hope for democrats is to have the courts rule only Congress, can control tariffs per the constitution. They do that and a whole bunch of anti constitutional laws will be thrown out like the 1968 gun control act.
The DC District Court is the deep-state’s political Kangaroo Court.
Authority to implement the Emergency Economic Powers Act resides with the President and not with a federal court.
Which the President has chosen to ignore.
Excerpt:
While the Court’s 6-3 opinion in Trump v. CASA appeared to disarm Trump’s opponents of perhaps their most potent legal weapon, his adversaries had other ideas.
In the weeks since, Trump’s challengers have seized on the ruling’s openings – especially the use of class-action suits in which a handful of plaintiffs may allege harm and seek relief on behalf of all similarly situated parties – to continue leveraging lower court judges to block the president’s orders.
Tariffs are now hanging by a thread.... what Chief justice Roberts decides about tariffs.
Free Trade is a predicate for class revolution. This is probably the USA’s last chance.
SCOTUS overturns 70% of this court's decisions.
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