A federal appeals court concluded the President lacked statutory authority to declare national emergencies and impose sweeping import tariffs on nearly every country, but it temporarily left the tariffs in effect to allow an appeal. The ruling largely upheld a prior trade-court decision and noted Congress likely did not intend to grant unlimited tariff power to the executive. The decision complicates a unilateral protectionist trade strategy, reduces negotiation leverage with trading partners, risks market disruption and higher prices, and may force use of alternative, slower legal avenues to impose import taxes.
A federal appeals court ruled Friday that President Donald Trump had no legal right to impose sweeping tariffs on almost every country on earth but left in place for now his effort to build a protectionist wall around the American economy. The U.S. Court of Appeals for the Federal Circuit ruled Trump wasn't legally allowed to declare national emergencies and impose import taxes on almost every country on earth, a ruling that largely upheld a May decision by a specialized federal trade court in New York.
It seems unlikely that Congress intended to grant the President unlimited authority to impose tariffs, the judges wrote in a 7-4 ruling. But they did not strike down the tariffs immediately, allowing his administration time to appeal to the Supreme Court. The president vowed to do just that. If allowed to stand, this Decision would literally destroy the United States of America, Trump wrote on his social medial platform.
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