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Federal Circuit Reviews Trump’s Emergency Tariffs After Trade Court Defeat

Lower courts concluded that IEEPA does not authorize broad national emergency tariffs

Overview

  • The US Court of International Trade and the US District Court for D.C. ruled that IEEPA does not authorize the president to impose sweeping import tariffs under a national emergency declaration
  • The Trade Court specifically struck down both ‘Liberation Day’ tariffs and fentanyl-related duties on Canada, Mexico and China for lacking a direct connection to an actual extraordinary threat
  • Judge Jane Restani warned that the administration’s interpretation would grant the president unbounded discretion to impose tariffs for any reason
  • Both rulings applied the major questions doctrine, emphasizing that Congress must clearly delegate authority for actions with vast economic and political implications
  • Trump has appealed and the Federal Circuit is conducting an emergency review, with the Supreme Court expected to resolve the ultimate scope of IEEPA powers