Name: The Trump Tariff Legal Fight
Uploaded: 2025-05-30T23:02:00Z
Duration: 6 min 19 s
Description: Review & Outlook: The U.S. Court of International Trade's ruling to block Donald Trump’s sweeping tariffs may have been paused, but goes a long way in detailing how the President exceeded his emergency powers and bypassed discrete tariff authorities delegated to him by Congress.

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Review & Outlook: The U.S. Court of International Trade's ruling to block Donald Trump’s sweeping tariffs may have been paused, but goes a long way in detailing how the President exceeded his emergency powers and bypassed discrete tariff authorities delegated to him by Congress. Photo: Brendan Smialowski/AFP/Getty Images/Andrew Leyden/Zuma Press/Francis Chung/Bloomberg News

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Review & Outlook: The U.S. Court of International Trade's ruling to block Donald Trump’s sweeping tariffs may have been paused, but goes a long way in detailing how the President exceeded his emergency powers and bypassed discrete tariff authorities delegated to him by Congress.

The Trump Tariff Legal Fight

Last night, the Trump administration faced another example of judicial overreach.

The response following the US Court of International Trade's ruling to block President Trump's sweeping tariffs. A day later, a federal appeals court temporarily pause the lower court's decision.

I was so honored that we got that ridiculous state lifted because that woulda taken away presidential power. It would've taken away everything that was granted by the founders. It would've been a terrible thing.

The courts are basically telling you guys, they think that the White House's policies, the president's policies are in some way against the law. So why can't President Trump ask the Republicans that control the House and the Republicans that control the Senate just to make a new law?

Well, these laws have already been granted to the president by the Constitution and by laws that have been previously passed.

Not according to the three judge panel, which explains in its detailed ruling that the president exceeded his emergency powers and bypassed discrete tariff authorities delegated to him by Congress.

That was a really great moment, I think yesterday when that state was lifted, and hopefully now we'll go to court and just win that battle.

In this case, the concerns are that what the president has done is ordered tariffs under an emergency statute. He's bypassed the tariff laws and claimed, as the court in New York called it, unlimited power.

Small businesses and several states challenged Mr. Trump's use of the 1977 International Emergency Economic Powers Act, or IEEPA, to impose tariffs willy-nilly. That law gives the president broad authority in a national emergency to deal with any unusual and extraordinary threat, including to regulate the importation of foreign property.

Interviewer 1: Mr. President, is there anything China, Canada, and Mexico can do tonight to forestall your implementation of tariffs tomorrow?

No, nothing. We have big deficits with, as you know, with all three of 'em. And in one case, they're sending massive amounts of fentanyl, killing hundreds of thousands of people a year.

After declaring the fentanyl an emergency, it was in February that the president slapped tariffs on Mexico, Canada, and China.

It's incredible. Look, we have 36 trillion in debt for a reason, and that accumulates over a long period of time.

The following April, he declared the US trade deficit an emergency and imposed tariffs of varying rates on the world.

My fellow Americans, this is Liberation Day, waiting for a long time.

He later reduced them to 10% for 90 days, supposedly to allow time to negotiate trade deals.

Interviewer 2: Will you still work within that 90-day window for these trade negotiations?

As far as we're concerned, our trade agenda is moving forward, and we've already heard from countries around the world today who will continue to negotiate in good faith with the United States so we can cut good trade deals on behalf of the American people, and we fully expect to win this case in court.

No other president has used IEEPA to impose tariffs. As the trade court explains, Richard Nixon used the law's precursor, the Trading with the Enemy Act in 1971, to impose 10% tariffs for a short period to address a balance of payments problem. The Justice Department said, Mr. Trump's tariffs are no different, but that's not the case. As the panel notes, Nixon tariffs were upheld by an appeals court because they imposed a limited surcharge as a temporary measure calculated to help meet a particular national emergency, which is quite different from imposing whatever tariff rates he deems desirable. The latter is what Mr. Trump did, at one point, jacking up rates to 145% on China.

Are you open to pulling back your tariffs in order to get China to the negotiating table?

No.

Congress also limited the president's power in IEEPA to prevent overreach. The panel notes, "The legislative history surrounding IEEPA confirms that the words regulate, importation, have a narrower meaning than the power to impose any tariffs whatsoever." Mr. Trump invoked IEEPA because he wanted to impose tariffs as he sees fit, but the Constitution doesn't let the president ignore Congress and do whatever he wants. Under the major questions doctrine, when Congress delegates powers of vast economic and political significance, it must speak clearly, the judges stress.

Hundreds and hundreds of thousands of Americans have died because of mostly Chinese fentanyl, and Chinese fentanyl coming in from Mexico and Canada, and the idea that having more people die from fentanyl than died in the Vietnam War and that that's not an emergency that we need to use every power that we have to try to address is ludicrous to me.

The judges also say that Mr. Trump's fentanyl tariffs are unlawful because they don't, as IEEPA requires, deal with their stated objective. The government's theory would permit any infliction of a burden on a counterparty to exact concessions, the panel notes. If deal with can mean impose a burden until someone else deals with, then everything is permitted. The court's ruling effectively slams the door on IEEPA as a basis to impose tariffs.

Why would other countries continue these trade deal negotiations given the ruling?

We expect to fight this battle all the way to the Supreme Court. These other countries should also know, and they do know that the president reserves other tariff authorities, Section 232, for example, to ensure that America's interests are being restored around the world.

Mr. Trump has other laws he can use to impose tariffs, but most are more limited than his emergency claims. The most expansive is Section 338 of the 1930 Smoot-Hawley Act, which lets a president impose duties of up to 50% on countries found to discriminate against the US, but no president has ever done so.

WSJ Opinion: The Trump Tariff Legal Fight

Videos that speak for free markets and free people, the principles, if you will, marked in the watershed year of 1776 by Thomas Jefferson's Declaration of Independence and Adam Smith's "Wealth of Nations."  

WSJ Opinion: The Trump Tariff Legal Fight

Review and Outlook by The Editorial Board

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