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Federal Court: Illegal!Trump: Appeal!The U.S. global tariff war has turned into a domestic legal war?


U.S. President Trump Information

Trump’s global “tariff sword” has been shaken in the United States.

According to Xinhua News Agency, the U.S. Court of Appeals for the Federal Circuit ruled on the 29th that most of President Trump's tariff measures were illegal. The Trump administration rejected its mistake and decided to appeal.

The ruling is believed to have dealt a heavy blow to Trump's radical trade policies and will trigger a legal battle. But it is still difficult to draw conclusions on where Trump's trade agenda will ultimately lead.

The president has unlimited powers.

On the same day, the U.S. Court of Appeals for the Federal Circuit in Washington, D.C., upheld the previous lower court's ruling by a 7 - 4 vote, holding that the emergency bill invoked by Trump did not give the president unlimited power to impose tariffs.

The resolution said that the International Emergency Economic Power Act (IEEPA) empowers the president to regulate imports, including imposing certain economic measures in emergencies to address “abnormal and special threats,” but does not mean empowering the president to impose full tariffs by issuing an executive order.

The ruling emphasized that the Constitution gives Congress, not the President, the power to collect tariffs, and the International Emergency Economic Powers Act cannot override this.

After Trump regained power, he cited the IEPA to introduce a series of tariffs without Congressional approval and directly issuing executive orders.

The IEEPA, issued in 1977, was often used to impose sanctions on the enemy or freeze its assets. Trump was the first president to invoke the bill to impose tariffs.

The reason he gave was that the ongoing trade deficit is weakening U.S. manufacturing capabilities and military preparedness and threatening U.S. national security. Given trade imbalances, declining U.S. manufacturing power and cross-border drugs flows, these measures are justified.

However, Trump's imposition of tariffs triggered strong opposition from many parties.

In May, the US Court of International Trade ruled that the Trump administration's package of tariffs was illegal in two lawsuits brought by five small businesses and 12 Democratic states.

Friday's ruling was a response to the Trump administration's subsequent appeal to the Federal Circuit Court of Appeals.

The Trump administration will appeal

The latest ruling will affect Trump’s so-called “peer-to-peer tariffs” imposed in April and tariffs imposed on China, Canada and Mexico respectively in February, but will not affect tariffs on steel and aluminum, automotive and auto parts, as they are imposed under Article 232 of the Trade Expansion Act.

After the ruling was released, Trump attacked the Court of Appeals for the Federal Circuit as "highly partisan", denounced its ruling as wrong, and stressed that all tariffs are still valid.

At present, among the 11 judges in the Federal Court of Appeal, there are 8 judges appointed by the President of , 6 voted in favor and 2 voted against. Of the three judges appointed by the Republican president, one is in favor and two are against it.

The Trump administration has also warned that if tariffs are lifted, the U.S. government may have to refund part of the import taxes that have been levied, which will be a heavy blow to the U.S. fiscal system.

Attorney General Bondi said the Justice Department will appeal the federal appeals court's ruling.



Trump criticizes the Federal Circuit Court of Appeals ruling as wrong data map

A heavy blow? Breathing?

So, what does the latest ruling mean for Trump's trade agenda?

Public opinion believes that this is a heavy blow to Trump's radical trade policy and will weaken his power to use tariffs as a key tool of international economic policy.

The plaintiff’s lawyer stressed that the ruling indicates that President Trump’s powers are critically restricted.

Analysts also pointed out that at the time of the ruling, it was the Fed Chairman Cook who sued the Trump administration for the dismissal incident, which is also expected to appeal to the Supreme Court.

This means that a series of lawsuits around the legality of tariffs and the independence of the Federal Reserve are beginning, which will bring an unprecedented legal showdown to Trump's entire economic policy.

However, the outside world noted that although the Federal Court of Appeal “intercepted” the tariff policy, it did not directly stop it, on the contrary, it seems to leave Trump a “breath of breath.”

One is that the ruling will not come into effect until October 14, so that the Trump administration can appeal to the U.S. Supreme Court.

Once appealed to the Supreme Court, the outcome was unpredictable.

Currently, the Conservative Liberal Party has a majority of six to three of the nine Supreme Court judges.

So far, the Supreme Court has ruled in a series in favor of Trump's second-term agenda, and has been broad or even vague about expanding the interpretation of the old bill to give the president more power.

Second, the federal appeals court sent two lawsuits against these tariffs back to the lower court, asking the latter to reexamine whether it was excessive to terminate these tariffs nationwide.

William Reinsch, a former senior official at the U.S. Department of Commerce and now at the Center for Strategic and International Studies, said the Trump administration has been preparing for the ruling and is developing a Plan B, possibly passing other laws to maintain tariff policy.


Trump's aggressive trade policies have suffered a major setback, according to data

For example, Trump can impose tariffs according to the Trade Act of 1974 to solve the trade deficit.

But the law gives the president relatively limited powers, including limiting tariffs on large surplus countries to 15 percent for 150 days.

Analysts said that although the latest ruling is not final, it may also put Trump at a disadvantage when trying to impose tariffs in the future.

“虽然现有的贸易协议可能不会自动瓦解,但政府或许会失去其谈判策略的一个支柱,这将鼓励外国政府抵制未来美方的诉求,拖延履行先前的承诺,甚至寻求重新谈判(贸易)条款。”霍兰德·奈特(Holland & Knight)律师事务所高级法律顾问、司法部前出庭律师阿什利·埃克斯说。

(Editor's email: ylq@jfdaily.com)

The original title: "Federal Court: Illegal! Trump: Appeal! Has America's Global Tariff War Become a Domestic Judicial War?"

Published by: Jan Editor: Jan Editor: Jan Editor: Jan

Source: The Liberation Daily



News raw data sources → https://www.163.com/dy/article/K87F6OEC055040N3.html

17WorldNews[2025.08.30-15:26] 访问:64
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