US Court Of International Trade Blocks All Of Trumps Tariffs. All Of Them

[0311]

You can disagree with the United States Constitution, but that NOT change fact that power levy tariffs lies with the Legislative and NOT the Executive. This is basic high school Senior Year Civics.

 

[TimFitz]

I said everything I needed to say about the utter stupidity of Trump's tarrif game.

Of course, he could have come up with an actual plan, one based on facts and metrics and followed the customary legislative process.

Instead he and Navarro hastily slapped his unilateral tarriff scheme together and blurted it out for the world to see.

China called Trump's bluff in less than a week. Whether you like it or not.

Your fuhrer backed down. And backed down almost immediately when the EU ignored his most recent threats.

Had he followed the sort of path that competent politcal leaders normally follow, there might be something to discuss.

 

[0311]

The WSJ has a new term about 47's tariffs.

TACO (Trump Always Chickens Out).

 

[TimFitz]

Do you want to discuss tariffs or just feed your hate for trump?

I didn't say anything about "hating" Trump.

He tried to rule by decree, and the courts slapped him down,

End of story.

 

[Mac-7]

it still has to go thru congress, because its not an emergency.

No

Congress has delegated setting tariffs to the executive branch

 

[Mac-7]

I didn't say anything about "hating" Trump.

He tried to rule by decree, and the courts slapped him down,

End of story.

I said it

You just practice it

 

[TimFitz]

I said it

You just practice it

Whatever. Never had someone admit that they put words in other people's mouths before!

I don't hate Trump. To me, he has always been a pathetic character. He spent his formative years panding to his demanding father. And he has carefully erected a facade around himself to prevent people from knowing who he really is. A scared, petty and pathetic little man.

He is a pathetic little man, obsessed with petty vengance and racism, and convinced that the golden key comes from appealing to bigots, xenophobes, vulgarity and corruption.

Those are the things I hate.

Trump is a tragic figure. A man who failed his way to the top, and has no idea what to do next. So he campaigns and panders to his base, instead of doing his job.

 

[WEATHER53]

No

Congress has delegated setting tariffs to the executive branch

I want a rogue in black robe ruling that Congress can’t do that

 

[Eman623]

Why did it take almost 2 months for the Court of International Trade to get off their fat butts and rule on the biggest international trade issue of the last century? Seems like they could have moved this one to the top of the stack.

Were they too busy deciding whether snuggies are blankets or tacos are sandwiches?

 

[theHawk]

Trump was likely told the tariffs were illegal, but he imposed them anyway.

Another example of Trump's contempt for the law.

Told by who? LOL

 

[theHawk]

Poor lefties, President Trump had several other avenues to impose more tariffs:


The Trump administration nevertheless has other legal means of imposing tariffs, Goldman says, flagging Section 122 of U.S. trade law, Section 301 investigations and Section 338 of the Trade Act of 1930.

Section 122 of the Trade Act of 1974 does not require a formal investigation and could therefore be one of the swiftest ways to get around the court roadblock.

“The administration could quickly replace the 10% across-the-board tariff with a similar tariff of up to 15% under Sec. 122,” analysts at Goldman said. They noted, however, that such a move would only last for up to 150 days after which law requires congressional action

https://www.cnbc.com/2025/05/29/trump-expected-to-find-a-workaround-after-trade-court-blocks-tariffs.html

 

[dudmuck]

No

Congress has delegated setting tariffs to the executive branch

congress would first need to pass a new act to replace the emergency economic powers act, which they havent done.

 

[Care4all]

No

Congress has delegated setting tariffs to the executive branch

No they didn't. Congress delegated setting tariffs to the President under specified conditions with curtailed ability.

Trump did not follow the conditions of power to impose tariffs that congress gave him in the Act he used.

 

[TimFitz]

The WSJ has a new term about 47's tariffs.

TACO (Trump Always Chickens Out).

It's all over the global financial markets by now.

 

[TimFitz]

No

Congress has delegated setting tariffs to the executive branch

This is only partially true. Not that Trump ever cared.

 

[Oddball]

Why did it take almost 2 months for the Court of International Trade to get off their fat butts and rule on the biggest international trade issue of the last century? Seems like they could have moved this one to the top of the stack.

Were they too busy deciding whether snuggies are blankets or tacos are sandwiches?

And they did so with no apparent plaintiff.

 

[Couchpotato]

A federal court has struck down President Donald Trump’s “reciprocal” tariffs on a wide range of countries, saying his effort to justify them with broad claims of national emergencies exceeded his legal authority.

https://www.politico.com/news/2025/05/28/federal-court-strikes-down-trumps-april-2-tariffs-00373843

The unanimous ruling of a three-judge panel of the U.S. Court of International Trade strikes a blow to one the central planks of Trump’s economic agenda at a time he is seeking to use tariffs as leverage to strike trade deals around the world.

“The Worldwide and Retaliatory Tariff Orders exceed any authority granted to the President by IEEPA to regulate importation by means of tariffs,” the New York-based federal court said in its opinion, referring to the 1977 International Emergency Economic Powers Act.

Under the U.S. Constitution, the Executive Branch does NOT have the power to levy tariffs, that power is given to the Legislative.


Article I.

Section VIII

he 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;

To borrow money on the credit of the United States;

To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;

To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;

To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;

To provide for the punishment of counterfeiting the securities and current coin of the United States;

To establish post offices and post roads;

To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;

To constitute tribunals inferior to the Supreme Court;

To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;

To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;

To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;

To provide and maintain a navy;

To make rules for the government and regulation of the land and naval forces;

To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;

To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings;--And

To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.

Trump clearly acted Unconstitutionally. He does have the power he claims.

Where was all this when past Presidents including Trump in his first term were enacting tarriffs?

Biden Administration Ratchets Up Tariffs on Chinese Goods

The administration moved to block off a popular tariff-free path for Chinese apparel coming into the United States, and added stiff levies on electric vehicles, solar panels and other products.

www.nytimes.com

Obama got tough on China. It cost U.S. jobs and raised prices

President Obama slapped tariffs on Chinese tires in 2009. It ended up costing more jobs than it saved, one study found.

money.cnn.com

2002 United States steel tariff - Wikipedia

en.m.wikipedia.org

I get that what Trump is doing is much broader than those examples but President’s can either levy tariffs or they can’t.

 

[Care4all]

And they did so with no apparent plaintiff.

Nope! This was a lawsuit brought by 18 State Attorney generals.

 

[WEATHER53]

And they did so with no apparent plaintiff.

That’s largely unnoticed in this judicial nightmare. They are proactively making decrees without plaintiff and defendant.

 

[Frankenstein]

A federal court has struck down Donald Trump’s “Liberation Day” tariffs, ruling that the president overstepped his legal authority in imposing them on a broad range of countries, according to media reports.

The U.S. Court of International Trade issued the unanimous decision Wednesday, rejecting Trump’s April 2 tariff order – which he claimed was justified by national emergencies, Politico reported. The court’s ruling, however, found that justification inadequate under the 1977 International Emergency Economic Powers Act (IEEPA).

The three-judge panel also ordered that tariffs collected under Trump’s order be “vacated.” The White House did not immediately respond to a request for comment.

https://www.axios.com/2025/05/28/trump-tariffs-trade-court-ruling

That includes China. And the US may have to pay all of them back.

Wonder how much money each got?