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U.S. Court of Appeals of Fed Circuit grants pause over trade court ruling: Tariffs Remain

Posted on 5/29/25 at 3:40 pm
Posted by cajunangelle
Member since Oct 2012
161885 posts
Posted on 5/29/25 at 3:40 pm
This post was edited on 5/29/25 at 3:44 pm
Posted by cajunangelle
Member since Oct 2012
161885 posts
Posted on 5/29/25 at 3:44 pm to
Posted by Tandemjay
Member since Jun 2022
4639 posts
Posted on 5/29/25 at 3:46 pm to
Federal courts will light off the next civil war, like they did the last one, but this time they will lose.
Posted by cajunangelle
Member since Oct 2012
161885 posts
Posted on 5/29/25 at 3:46 pm to
Posted by hogcard1964
Alabama
Member since Jan 2017
17168 posts
Posted on 5/29/25 at 3:47 pm to
No kidding

There zero standing for anyone but the president to do this.
Posted by Fun Bunch
New Orleans
Member since May 2008
127733 posts
Posted on 5/29/25 at 3:52 pm to
quote:

There zero standing for anyone but the president to do this.





The President does not have the Constitutional Authority to enact tariffs, Congress does.

Congress can cede that right to the President.

Trump claims the IEEPA gives him that authority, so its a question of whether that is true or not.

Miller did a really good job coming up with that novel theory, but its far from a settled fact.
Posted by Riverside
Member since Jul 2022
8102 posts
Posted on 5/29/25 at 3:57 pm to
Our legal scholars will be very sad to hear about this.
Posted by SDVTiger
Cabo San Lucas
Member since Nov 2011
92681 posts
Posted on 5/29/25 at 3:58 pm to
Lol @ Seldom Seen
Posted by Riverside
Member since Jul 2022
8102 posts
Posted on 5/29/25 at 4:00 pm to
quote:

The Constitution grants Congress the power to regulate foreign commerce, impose tariffs, and collect revenue. As discussed in this report, Congress has long enacted laws authorizing the President to adjust tariff rates on goods in certain circumstances. Courts have generally upheld these laws against constitutional challenges, holding that they do not impermissibly delegate Congress's legislative power over tariffs to the executive branch.


quote:

Several statutes that may authorize the President or an executive agency to impose tariffs under various circumstances are currently in effect. This report includes a legal overview of six such statutes: Section 232 of the Trade Expansion Act of 1962; Sections 122, 201, and 301 of the Trade Act of 1974; Section 338 of the Tariff Act of 1930; and the International Emergency Economic Powers Act of 1977.


Link to Report Prepared by the Congressional Legal Office

Posted by Jjdoc
Cali
Member since Mar 2016
55369 posts
Posted on 5/29/25 at 4:22 pm to
quote:

The President does not have the Constitutional Authority to enact tariffs, Congress does.


Yes he does. Congress signed that over.

quote:

there are six statutory provisions currently in place that control how the president and the executive branch can use tariffs. Three provisions require federal agency investigations before a tariff can be imposed. The other provisions do not require an investigation before actions are taken.


Trump is executing what congress has passed
Posted by Jjdoc
Cali
Member since Mar 2016
55369 posts
Posted on 5/29/25 at 4:23 pm to
quote:

Courts have generally upheld these laws against constitutional challenges



All the way back to John Marshall!
Posted by atlgamecockman
Nola
Member since Dec 2012
4302 posts
Posted on 5/29/25 at 4:35 pm to
quote:


Trump claims the IEEPA gives him that authority, so its a question of whether that is true or not.

Miller did a really good job coming up with that novel theory, but its far from a settled fact.


I think mostly because Miller is in ol Don's ear constantly about the illegals being an "emergency" is why they went this route.

Ultimately, this is the Executive shooting themselves in the foot for messaging's sake, rather than just making the tariff powers argument under a more normal commerce law, as those mentioned by others above.
Posted by cajunangelle
Member since Oct 2012
161885 posts
Posted on 5/29/25 at 4:52 pm to
Yep.
Posted by IvoryBillMatt
Member since Mar 2020
7469 posts
Posted on 5/29/25 at 4:52 pm to
quote:

Our legal scholars will be very sad to hear about this.


Not sad about it. I said I trusted Trump over the policy of the tariffs. I expected a stay of enforcement during appeal...BUT, I am hear to eat crow, because I didn't think the stay would apply to the 10% across the board tariffs.

It's still hard to see how the 10% tariffs can be justified under IEEPA.
Posted by EphesianArmor
Member since Mar 2025
2118 posts
Posted on 5/29/25 at 5:10 pm to
This is just one more latest stunt.

But wait -- How and why are the President and his AG and DoJ getting out-maneuvered and dunked on EVERY TIME? At EVERY turn? Something is very fricky.

How much more evidence do we need to conclude that everything is just one giant theatrical charade and staged farce?

Everyday there's a brand new twist in an obvious plot to sabotage and undermine MAGA and hope with ease. ALL of the "heroes" seem to swing and miss; ALL the obstructionist villains seem to strut out to the batters box cold, hitting nothing but dingers.

What are we seeing here at every turn? CHAOS. And confusion. Wait a minute; Could we be seeing a psyop, Operation: Chaos??

Posted by SaintsTiger
1,000,000 Posts
Member since Oct 2014
1893 posts
Posted on 5/29/25 at 6:10 pm to
Teflon Don. Man knows how to win.
Posted by geoag58
Member since Nov 2011
1521 posts
Posted on 5/29/25 at 6:33 pm to
If the dim-marxists just wanted to grumble on the sideline it would be one thing.

To the rest of the world it would appear we speak with one voice. But using the courts to stymie Trump is about one thing only. And it should be obvious to everyone. These sorry scumbags are trying to destroy our country, burn it down, to regain power.

I have no doubt Hamas would be finished, the Ukraine grift war, tariff trade war and immigration would be well on their way to being solved. If the enemies within were content to stand on the sideline, where the voters sent them.

If the evil dim-marxists successfully derail Trumps efforts and bring about widespread suffering, the dim-tards need to be relegated to the dust bin of history by any means necessary!
Posted by BigTigerJoe
Member since Aug 2022
11065 posts
Posted on 5/29/25 at 6:37 pm to
Posted by RohanGonzales
Member since Apr 2024
7713 posts
Posted on 5/29/25 at 6:40 pm to
quote:

This is just one more latest stunt.

But wait -- How and why are the President and his AG and DoJ getting out-maneuvered and dunked on EVERY TIME? At EVERY turn? Something is very fricky.


You stupid frick - they have not been "outmaneuvered and dunked on" here.
Posted by Broadside Bob
Atlanta, GA
Member since Dec 2012
1593 posts
Posted on 5/29/25 at 6:52 pm to
Y'all are aware that this on again, off again, tweet-a-tariff-a-day business makes it difficult/impossible for American businesses to plan ahead, right?

Secure the border, great. DOGE, AWESOME! But if the American economy is forced to turn on a dime every day or week, that only creates instability.

But most of you don't want to hear that so downvote away.
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