On August 29, the United States Court of Appeals for the Federal Court concurred with a previous ruling, made by a lower court in May, that Trump did not have unlimited authority to impose duties on almost all imports to the United States.
However, the Trump administration received a slap on the wrist for its unlawful behavior. Enforcement of the order will be delayed until mid-October, allowing the tariffs to remain in place, so that the administration can appeal the case to the Supreme Court.
Trump was infuriated with the decision to the extent that he had forgotten basic grammar while writing about it on Truth Social:
“Today a Highly Partisan Appeals Court incorrectly said that our Tariffs should be removed, but they know the United States of America will win in the end,” Mr. Trump wrote. “If these Tariffs ever went away, it would be a total disaster for the Country.”
The New York Times
The tariffs at stake in the ruling include his duties on China, Canada, Mexico, and his reciprocal tariffs.
Trump has leaned on an authoritarian interpretation of the International Emergency Economic Powers Act (IEEPA) to impose the tariffs without Congressional consent. However, IEEPA is primarily intended for sanctions, embargoes, and emergencies regarding the nation subjected to tariffs. Trump has now failed to justify his triggering of IEEPA to both a lower court and a high court.
