Latest news with #CourtOfInternationalTrade
Yahoo
09-07-2025
- Business
- Yahoo
Trump Tariff Foes Urge Appeals Court to Curb ‘Blank Check'
(Bloomberg) — A group of small businesses that won an order finding President Donald Trump's sweeping global tariffs illegal urged a federal appeals court to uphold that decision and block the trade levies. Are Tourists Ruining Europe? How Locals Are Pushing Back Singer Akon's Failed Futuristic City in Senegal Ends Up a $1 Billion Resort Can Americans Just Stop Building New Highways? Denver City Hall Takes a Page From NASA Philadelphia Trash Piles Up as Garbage Workers' Strike Drags On The US Court of International Trade ruled on May 28 that Trump exceeded his authority by imposing broad tariffs, a power granted to Congress in the Constitution. That decision was temporarily put on hold by the US Court of Appeals for the Federal Circuit, which will hear arguments July 31 on whether to let it go into effect or extend the stay. The companies challenging the tariffs filed their brief in the Federal Circuit on Tuesday. 'The government's claim of unbounded power to set, reset, rescind, and reapply tariffs of any amount against any product, based on a unilateral and unreviewable emergency declaration, runs contrary to the plain text' of the law, the businesses said in their brief. The appeals court showdown comes as Trump's aggressive tariffs continue to roil global markets. The hearing will take place a day before Trump's newly announced Aug. 1 deadline for tariffs go into effect, replacing his earlier July 9 date. He's insisted there will be no further extensions. At issue is Trump's interpretation of the 1977 International Emergency Economic Powers Act, or IEEPA, which says the president can 'regulate' certain foreign transactions during times of crisis. The president claims that persistent US trade deficits amount to a national emergency, allowing him to evoke the IEEPA, but the companies contend that interpretation is overly broad. 'If such generic language authorized taxation, the president would have vast taxing powers that no president in US history has ever been understood to have,' the businesses said in their brief. 'IEEPA is thus properly understood as a sanctions and embargo law, not a blank check for the president to rewrite tariff schedules.' The companies, led by New York wine importer V.O.S. Selections Inc., also claim that the impact of the tariffs is so sweeping that the matter requires Congressional action under the 'major questions' doctrine. Arguing that Trump's tariffs will 'reshape' the US economy, the companies say they will face much higher costs and lower sales, with some of them likely to end up in bankruptcy. The administration filed its own brief in the appeals case last month, arguing that Congress had 'delegated' tariff authority to the president to bolster his ability to manage foreign affairs. It further claimed that blocking the tariffs would disrupt US diplomacy and jeopardize highly sensitive trade negotiations with other nations. But the companies said Tuesday that Trump's back-and-forth threats on tariffs and the resulting uncertainty were evidence that he was misusing the emergency law. The White House didn't immediately respond to a request for comment on Tuesday. If the appeals court ultimately rules against Trump's tariffs, the Justice Department has said that it would ask the US Supreme Court to immediately intervene in the fight. A group of nearly 200 Democratic members of the US House and Senate on Tuesday night filed a separate brief in support of the small businesses and stressing the legislative branch's authority over taxes and tariffs. The IEEPA was never intended to be used to impose tariffs, they said. 'IEEPA extends to many forms of property that historically have never been subject to import tariffs, such as financial assets, real property, and intellectual property rights,' the Democrats said. 'Indeed, IEEPA has most commonly been applied to freezing financial assets or prohibiting certain financial transactions.' (Updates with brief filed in support of the businesses by Democratic members of Congress.) Will Trade War Make South India the Next Manufacturing Hub? 'Our Goal Is to Get Their Money': Inside a Firm Charged With Scamming Writers for Millions Pistachios Are Everywhere Right Now, Not Just in Dubai Chocolate 'Telecom Is the New Tequila': Behind the Celebrity Wireless Boom SNAP Cuts in Big Tax Bill Will Hit a Lot of Trump Voters Too ©2025 Bloomberg L.P.
Bloomberg
25-06-2025
- Business
- Bloomberg
Trump Administration Urges Appeals Court to Back Tariff Power
The Trump administration defended the president's power to impose sweeping global tariffs, arguing to a federal appeals court that it should overturn a decision finding the levies unconstitutional. The US Justice Department on Tuesday night filed its opening brief in the US Court of Appeals for the Federal Circuit, where it's seeking to overturn a May 28 ruling by the Court of International Trade. The appeals court handed President Donald Trump an early, albeit temporary, win earlier this month when it ruled that the administration could continue to enforce his tariff orders while the court case continues.
Forbes
11-06-2025
- Business
- Forbes
Trump Tariffs: President Claims ‘Great' Appeals Court Win—Why That's Wrong
President Donald Trump hailed an appeals court ruling keeping his tariffs in place temporarily as a 'great and important win' Wednesday morning, falsely claiming the court upheld his 'Liberation Day' tariffs—though the actual court ruling says nothing about the merits of Trump's signature policy, and judges could still strike the tariffs down. President Donald Trump holds up a chart while announcing his "Liberation Day" tariffs at the White ... More House on April 2 in Washington, DC. A panel of judges at the U.S. Court of Appeals for the Federal Circuit ruled Tuesday evening to keep Trump's 'Liberation Day' tariffs on foreign imports in place while they consider the issue, pausing a ruling by the Court of International Trade that declared the tariffs were unlawful and should be blocked. The order extends a previous court ruling the Federal Circuit issued in May, which immediately kept the tariffs in effect and paused the Court of International Trade's ruling while the appeals court decided whether to issue a more lasting ruling. Trump praised the court ruling in a Truth Social post early Wednesday, writing the appeals court 'ruled that the United States can use TARIFFS to protect itself against other countries' and hailing the order as 'a great and important win for the U.S.' In actuality, the Federal Circuit's ruling said nothing about whether or not the U.S. can use tariffs against other countries, but said after considering both sides' arguments, the court concluded that a stay, which pauses the lower court's ruling, 'is warranted under the circumstances.' The brief order does not say anything about whether or not Trump's tariffs are lawful, and the temporary nature of the ruling—only keeping the tariffs in effect until the court issues a final decision on the tariffs' legality—means the Federal Circuit could still ultimately decide that the tariffs are unconstitutional and strike them down. The Liberty Justice Center, which brought one of the lawsuits against the tariffs that prompted the legal battle, expressed cautious optimism Tuesday that the Federal Circuit will still declare the tariffs unconstitutional, with attorney Jeffrey Schwab saying the group '[has] faith that this court will … see what is plain as day.' The Federal Circuit agreed to hear the tariff dispute on an expedited basis, scheduling oral arguments in the case for July 31. It's likely the dispute will then go to the Supreme Court, as either Trump or the plaintiffs in the case are expected to appeal the Federal Circuit's ruling no matter how the court rules. Schwab said Tuesday the Liberty Justice Center—which represented small businesses impacted by the tariffs—is 'disappointed the federal circuit allowed the unlawful tariffs to remain in place temporarily.' The group is 'glad the federal circuit recognized the importance of this case, and agreed to hear it before the full court on an expedited schedule,' Schwab added. At issue in the court dispute is whether or not Trump actually had the authority to impose his sweeping 'Liberation Day' tariffs, which impose fees on imports from nearly all countries. Trump imposed the tariffs under the International Emergency Economic Powers Act (IEEPA), which grants presidents authority to levy some economic sanctions against other countries during national emergencies. The law does not explicitly say anything about tariffs, however, leading plaintiffs to claim Trump didn't have the authority to impose tariffs under IEEPA—and even if he did, the U.S.'s trade imbalances with other countries are not an 'emergency' that justifies invoking the law. A three-judge panel at the Court of International Trade agreed with plaintiffs, striking down Trump's tariffs in May because IEEPA does not give him the power to impose them. That ruling is now what's before the Federal Circuit, though a different federal district judge has also separately ruled Trump doesn't have the power to impose tariffs under IEEPA. Trump announced his sweeping 'Liberation Day' tariffs in April, imposing tariffs on nearly all countries despite warnings from economists that doing so could raise prices for consumers and harm the economy. The 'Liberation Day' tariffs have been broadly controversial, upending global markets and sparking fears of a recession, and the Trump administration rolled back the worst of the tariffs in response to the chaos, keeping a 10% baseline rate in place. Small businesses and Democratic leaders have challenged the tariffs in court as a result: the two lawsuits at issue before the Federal Circuit were brought by small businesses and Democratic-led states, while other businesses and the state of California have brought separate legal claims. The Trump administration has insisted on the tariffs' legality despite the lawsuits and court rulings against them, with White House Press Secretary Karoline Leavitt claiming Trump's tariffs are 'legally sound and grounded in common sense' and the panel of judges at the Court of International Trade—which included a Trump appointee'—'brazenly abused their judicial power to usurp the authority of President Trump.'
National Post
11-06-2025
- Business
- National Post
Trump's tariffs can stay in effect while appeal proceeds, U.S. court rules
WASHINGTON — U.S. President Donald Trump's tariffs on most countries around the world can remain in place while a federal appeals court decides on their future. Article content The U.S. Court of International Trade ruled the duties were unlawful last month. Article content Article content The lower court ruled that Trump's use of an emergency powers law to impose his 'Liberation Day' reciprocal tariffs exceeded his authority and his fentanyl-related tariffs against Canada didn't target the issue. Article content The decision blocked the devastating duties but the Trump administration filed emergency motion to stay the trade court's ruling soon after. Article content Article content That means countries around the world, including Canada, continue to be slapped with Trump's tariffs. Article content
Yahoo
11-06-2025
- Business
- Yahoo
Appeals court lets Trump administration keep collecting tariffs while challenges continue
WASHINGTON (AP) — A federal appeals court agreed Tuesday to let the government keep collecting President Donald Trump's sweeping import taxes while challenges to his signature trade policy continue on appeal. The decision by the U.S. Court of Appeals for the Federal Circuit extends a similar ruling it made after another federal court struck down the tariffs May 28, saying Trump had overstepped his authority. Noting that the challenges to Trump's tariffs raise "issues of exceptional importance,'' the appeals court said it would expedite the case and hear arguments July 31. The case involves 10% tariffs the president imposed on almost every country in April and bigger ones he imposed and then suspended on countries with which the United States runs trade deficits. It also involves tariffs Trump plastered on imports from China, Canada and Mexico to pressure them to do more to stop the illegal flow of immigrants and synthetic opioids across the U.S. border. In declaring the tariffs, Trump had invoked emergency powers under a 1977 law. But a three-judge panel of the U.S. Court of International Trade ruled he had exceeded his power. The tariffs upended global trade, paralyzed businesses and spooked financial markets. Error in retrieving data Sign in to access your portfolio Error in retrieving data Error in retrieving data Error in retrieving data Error in retrieving data
