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Court says Trump doesn't have the authority to set tariffs

Vinson

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Nov 24, 2023
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Hopefully this bullshit will stop and cancel tariffs


A federal court on Wednesday ruled President Trump does not have the authority under economic emergency legislation to impose sweeping global tariffs.
Why it matters: The U.S. Court of International Trade's ruling could bring the administration's trade war to a screeching halt.

  • By blocking entirely most categories of tariffs, the court effectively wiped out most of the regime Trump put in place since taking office.
Driving the news: The court, ruling in two separate cases, issued a summary judgment throwing out all the tariffs Trump imposed under the International Emergency Economic Powers Act, or IEEPA.

  • Trump used the 1977 law, which had never before been invoked in a tariff situation, to unilaterally impose sweeping trade levies worldwide.
  • The two groups of plaintiffs — businesses and states — sued on the grounds that the president's orders violated the Constitution's grant of authority over import duties to Congress.
What they're saying: "The question in the two cases before the court is whether the International Emergency Economic Powers Act of 1977 ("IEEPA") delegates these powers to the President in the form of authority to impose unlimited tariffs on goods from nearly every country in the world," the three-judge panel wrote.

  • "The court does not read IEEPA to confer such unbounded authority and sets aside the challenged tariffs imposed thereunder."
  • Tariffs imposed under a different legal authority called Section 232 — including on imports of autos, steel and aluminum — are unaffected by the ruling.
For the record: The court, which gets relatively little attention compared to most other federal courts, has jurisdiction over civil cases arising from trade disputes.

  • The three judges who heard the case were Reagan, Obama and Trump appointees.
  • The White House did not immediately respond to Axios' request for comment on Wednesday evening. The administration had already filed a notice of appeal, per multiple reports.
  • "The judicial coup is out of control," White House deputy chief of staff Stephen Miller posted to X, in response to the ruling.
The intrigue: The court skipped over the plaintiffs' motions for an injunction and went directly to issuing a judgment, saying IEEPA did not authorize any of the "Worldwide, Retaliatory or Trafficking" orders.


  • "The challenged Tariff Orders will be vacated and their operation permanently enjoined," the court wrote.
What to watch: With tariffed goods arriving at U.S. ports every day, the confusion over what's in force and what to charge could throw imports into chaos.

  • Markets, and businesses, will likely be paying rapt attention in coming days to how the administration responds and whether higher courts intervene.
  • "(It) gives foreign governments - once compelled to negotiate new terms of the trade agreements the Trump administration broke - significant new leverage in ongoing trade talks," said Scott Lincicome, vice president of the Cato Institute's Stiefel Center for Trade
 

Ceiling Cat

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Feb 25, 2009
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Trump said he put tariffs on Canada because fentanyl was coming into the U.S. But using tariffs to punish a country for drug problems isn’t what tariffs are meant for. Tariffs are supposed to deal with trade, not crime or public health. Also, the Constitution gives Congress, not the President the power to set tariffs. By doing it on his own, Trump went around Congress and misused his authority.
 

onthebottom

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I’m sure there will be an appeal
 

mandrill

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Aug 23, 2001
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I’m sure there will be an appeal
Of course.

Trump has a 96% loss rate in Federal Court litigation in May. There's a lot more losing still to come. May as well start with this dick-sucker of a loser appeal from an unanimous face-pissing from a 3-judge bench.

Try reading my thread about Trump's court cases and you can read about his other losses as well.
 

Robert Mugabe

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Nov 5, 2017
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Fact check: Canada makes up just 0.2% of US border fentanyl seizures | CNN Politics


Federal statistics show US border authorities seized 21,889 pounds of fentanyl in the 2024 fiscal year. Of that amount, 43 pounds were seized at the Canadian border — about 0.2% — compared with 21,148 pounds at the Mexican border, about 96.6%.

President Donald Trump speaks to reporters at the White House in Washington, DC, on January 30.

live updatesLatest on Trump’s presidency as he pauses Mexico tariffs and moves ahead with government changes

There’s no indication of any substantial change in the first three months of the 2025 fiscal year (October 2024 through December 2024). Of the 4,537 pounds of fentanyl seized by US border authorities during that period, 10 pounds, about 0.2%, were seized at the Canadian border, while 4,409 pounds, about 97.2%, were seized at the Mexican border.

It is true that the quantity of fentanyl seized at the Canadian border increased in fiscal year 2024. Just 2 pounds were seized there in fiscal year 2023, and 14 pounds were seized in fiscal year 2022
 

Nakedgta

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Feb 10, 2025
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Trump said he put tariffs on Canada because fentanyl was coming into the U.S. But using tariffs to punish a country for drug problems isn’t what tariffs are meant for. Tariffs are supposed to deal with trade, not crime or public health. Also, the Constitution gives Congress, not the President the power to set tariffs. By doing it on his own, Trump went around Congress and misused his authority.
First off you sound like they're dealing with someone who will follow rules and cares about the rules but too often doesn't even know what the rules are. His apparent lack of knowledge of how tariffs work, the practicality of what they do, when to use them and the cause & affect of them has sadly turned the world economy into a shit show.

His belief that jobs will return on masse because of the tariffs is just another indication of his Economics degree coming from a box of Cracker Jacks. Any announcements made of investments in new manufacturing that came after he assumed power are likely only to placate him. No one in their right mind will rush to build with a loose 🍊💩 cannon running things. He changes his mind daily. Any idea that they will return to long shuttered facilities shows another layer of his stupidity. The infrastructure is old and needs ridiculous upgrades, workers are untrained, power and other resources are also issues.

As for Congress, this testicleless crew has long abdicated their legal and moral obligations. They are there to serve the MAGA King anyway he chooses and to grovel at his feet and pasty white butt. They have long abandoned the people they are supposed to serve.

The Senate must block the ridiculously named bill or the consequences will be felt by anyone not a m/billionaire. This is all done to give those who have more money than they could ever spend more of it. Increase the deficit and the biggest transfer of wealth from the poor to the mega rich ...... Sad and Pathetic!!

It will obviously be appealed but guaranteed they will try another illegal way to circumvent this ruling. Legal and moral have long been abandoned by the 🍊💩 and MAGA cult.
 
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Conil

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Apr 12, 2013
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Trump said he put tariffs on Canada because fentanyl was coming into the U.S. But using tariffs to punish a country for drug problems isn’t what tariffs are meant for. Tariffs are supposed to deal with trade, not crime or public health. Also, the Constitution gives Congress, not the President the power to set tariffs. By doing it on his own, Trump went around Congress and misused his authority.
That was bullshit excuse just to put up tariffs. Unfortunately the tariffs remain the same with the steel and cars.
 

onthebottom

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Jan 10, 2002
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mandrill

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Appeals court paused the ruling.
It's a standard appeal court order to preserve status quo pending full argument of the appeal. Don't get your hopes up. It doesn't mean anything.
 

Ceiling Cat

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Feb 25, 2009
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Now that Trump's tariffs have been ruled invalid by the courts, he has effectively lost his negotiating strength. The collapse of this economic strategy shatters the illusion he projected of "Making America Great Again" and acting in the nation's best interest. In reality, the tariffs served more as a political smoke screen a diversion aimed at distracting the public from his mounting criminal and legal troubles. I suspect his next calculated move appears to be playing the mental incapacity card, perhaps as a way to delay proceedings or to evade prison time. Even if he is able to pull off the mental incapacity scam he will have to spend time in a psychiatric facility to be monitored. Let us hope his ego is so large that he could not let himself seen to be crazy and fight till he ends up in a box or in prison.

 

mandrill

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Aug 23, 2001
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Now that Trump's tariffs have been ruled invalid by the courts, he has effectively lost his negotiating strength. The collapse of this economic strategy shatters the illusion he projected of "Making America Great Again" and acting in the nation's best interest. In reality, the tariffs served more as a political smoke screen a diversion aimed at distracting the public from his mounting criminal and legal troubles. I suspect his next calculated move appears to be playing the mental incapacity card, perhaps as a way to delay proceedings or to evade prison time. Even if he is able to pull off the mental incapacity scam he will have to spend time in a psychiatric facility to be monitored. Let us hope his ego is so large that he could not let himself seen to be crazy and fight till he ends up in a box or in prison.
I suspect he will concentrate on 1 of his other "reality show tv president" bullshit ideas: - the goon arrests and deportations of asylum seekers or rants about conquering Canada and Greenland.

Gotta keep the morons in the cheap seats cheering, right?
 

mandrill

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Aug 23, 2001
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It's a temporary stay pending argument of the appeal. It's a pretty standard - and very short-term - appeal court order in all kinds of cases.

It means fuck all in real terms.
 

Zoot Allures

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Jan 23, 2017
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Trump said he put tariffs on Canada because fentanyl was coming into the U.S. But using tariffs to punish a country for drug problems isn’t what tariffs are meant for. Tariffs are supposed to deal with trade, not crime or public health. Also, the Constitution gives Congress, not the President the power to set tariffs. By doing it on his own, Trump went around Congress and misused his authority.
It was BS that Canada allows drugs into the usa when 99% comes from Mexico

The whole tariiff thing was total BS. What is not BS is criminals in Canada get their handguns from the usa.
 
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