The U.S. Court of Appeals for the Federal Circuit held that the President lacked authority under the International Emergency Economic Powers Act to impose five Executive Order tariffs of unlimited duration on nearly all goods from nearly every country. The 7-4 decision concluded IEEPA does not authorize regulation of imports in this manner and affirmed the Court of International Trade's decision to set the tariffs aside. The ruling raises prospects of a Supreme Court appeal, potential obligations to refund collected tariffs, and significant legal and political consequences for presidential use of emergency powers and trade policy.
The Government appeals a decision of the Court of International Trade setting aside five Executive Orders that imposed tariffs of unlimited duration on nearly all goods from nearly every country in the world, holding that the tariffs were not authorized by the International Emergency Economic Powers Act (IEEPA), 50 U.S.C. 1701 et seq. Because we agree that IEEPA's grant of presidential authority to regulate imports does not authorize the tariffs imposed by the Executive Orders, we affirm.
Jake, this is the one that a lot of people who follow trade issues have been concerned about and is the outcome that they anticipated, frankly. You know, the president has used a lot of emergency powers in a lot of situations that many who are watching don't think qualify as emergencies. This was one that was always going to be difficult.
And the further it got along down the process, the U.S. is going to end up in a position if the Supreme Court upholds this ruling. And it is almost certainly going to go to the Supreme Court. The U.S. is now going to be in a position of having to pay people countries, excuse me, back for tariffs. That gets very complicated. So, this is a big blow to the president's agenda.
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