One has to feel some sympathy for the people at the US borders who are tasked with storing all the goods that arrive and not releasing them until the required duties are paid. With Trump careening from one tariffs policy to another on pretty much an ad hoc and day-to-day basis, they must be feeling as if they are in a whirlwind.
The latest reversal came last evening when the New York-based court of international trade (who knew that there was even such a court?) upheld a legal challenge that argued Trump had exceeded his legal authority when he bypassed Congress in announcing his tariffs.
The ruling by a three-judge panel at the New York-based court of international trade came after several lawsuits argued Trump had exceeded his authority, leaving US trade policy dependent on the president’s whims and unleashing economic chaos around the world.
Tariffs typically need to be approved by Congress but Trump has so far bypassed that requirement by claiming that the country’s trade deficits amount to a national emergency. This had left the US president able to apply sweeping tariffs to most countries last month, in a shock move that sent markets reeling.
The court’s ruling stated that Trump’s tariff orders “exceed any authority granted to the president … to regulate importation by means of tariffs”.
…The court ruling immediately invalidates all of the tariff orders that were issued through the International Emergency Economic Powers Act (IEEPA), a law meant to address “unusual and extraordinary” threats during a national emergency.
The judges said Trump must issue new orders reflecting the permanent injunction within 10 days.