From Tierney's Real News:
ShareAn obscure federal court, that virtually nobody has ever heard of, ruled that President Trump does not have the authority to impose tariffs. In fact, the judges said an injunction wasn't enough — the United States Court of International Trade (USCIT) issued a summary judgment invalidating and blocking almost all of Trump's tariffs to date. Tariffs were already generating significant revenue for the US — almost $23 BILLION so far this month.
Senator John Kennedy responded: “I know that President Trump has the authority to tariff because Congress gave it to him.”
President Trump invoked several laws to justify his authority over trade policies, including the International Emergency Economic Powers Act (IEEPA), Section 232, Section 301, and Section 122 Balance of Payments Authority.
The IEEPA of 1977, which had never been used to impose tariffs before, was invoked to declare a national emergency and impose tariffs on imports from Canada, Mexico, and China, citing national security concerns.
Section 232 of the Trade Expansion Act of 1962 allows the president to impose tariffs if imports threaten national security.
Section 301 of the Trade Act of 1974 grants the president authority to take action against foreign countries that violate U.S. trade laws.
Section 122 Balance of Payments Authority provides the president with the power to impose tariffs to address balance of payments issues. Section 122 allows the president to impose up to 15 percent tariffs for 150 days.
However, the obscure federal court ruled on May 28, 2025 that President Trump does not have the authority within the International Emergency Economic Powers Act (IEEPA) to initiate emergency trade tariffs. They gave him 10 days to end those tariffs and return the over $23 BILLION we’ve collected so far! He appealed. Tariffs imposed under a different legal authority called Section 232 — including on imports of autos, steel and aluminum — are unaffected by the ruling. (Read more.)
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