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Appeals court judges voice skepticism about legal basis for Trump's sweeping tariffs
Source: ABC News
Appeals court judges voice skepticism about legal basis for Trump's sweeping tariffs
A coalition of states is asking a court to invalidate most of Trump's tariffs.
By Peter Charalambous,Katherine Faulders and Nicholas Kerr
July 31, 2025, 1:23 PM ET * 7 min
A panel of appeals court judges on Thursday voiced deep skepticism with the Trump administration's attempt to justify sweeping tariffs based on a national emergency.
As the clock ticks down to President Donald Trump's Aug. 1 deadline for the resumption of reciprocal tariffs, the U.S. Court of Appeals for the Federal Circuit is hearing arguments Thursday over whether Trump's sweeping tariffs are lawful.
A group of small businesses and a coalition of states are asking the appeals court to invalidate the bulk of Trump's tariffs, arguing that Trump overstepped his power when he invoked the rarely used International Emergency Economic Powers Act (IEEPA) to enact a flurry of tariffs in April.
At the start of Thursday's hearing, judges on the appeals court panel questioned why Trump is relying on a law that has never been used to justify tariffs, saying that the law itself never mentions the word "tariffs" and voicing concern that the president justifying the unilateral action based on an emergency could amount to "the death knell of the Constitution."
{snip}
Read more: https://abcnews.go.com/amp/US/ahead-friday-deadline-appeals-court-lawfulness-trumps-sweeping/story?id=124244809
= new reply since forum marked as read
The arguments underscored the financial stakes for U.S. importers as the Trump administration prepares to impose higher rates without the explicit approval of Congress.
SeaPort Manatee near Tampa, Fla. A panel of the U.S. Court of Appeals for the Federal Circuit will hear arguments in a tariff case on Thursday. Scott McIntyre for The New York Times
By Tony Romm
Reporting from Washington
July 31, 2025
Updated 3:12 p.m. ET
The Justice Department scrambled on Thursday to defend the legality of President Trump’s sweeping tariffs, just one day before he is set to expand his highly contested global trade war with new duties on America’s closest trading partners.
The arguments in a federal appeals court underscored the financial stakes for U.S. importers — and the legal risks for the White House — as the Trump administration prepares to impose higher rates and carry out new trade deals without the explicit approval of Congress.
The legal saga began this spring when a group of businesses and a coalition of states each sued the Trump administration on grounds that the president had vastly overstepped his authorities in the design of some of his steepest tariffs. A federal trade court agreed, determining in May that Mr. Trump did not have “unbounded” powers to impose duties as he saw fit.
The trade court ordered the White House to unwind those taxes on imports. But the Justice Department quickly appealed and soon secured a temporary halt to the mandate, allowing the president’s tariffs to remain in place. Lawyers for the Trump administration had argued that an abrupt end to the president’s policies would have sowed chaos and undermined its negotiations to broker more favorable trade agreements around the world.
{snip}
Tony Romm is a reporter covering economic policy and the Trump administration for The Times, based in Washington.
This sounds like a fun oral argument
Link to tweet
“Trump is the first president to use IEEPA to impose tariffs.
“‘IEEPA doesn't even say tariffs, doesn't even mention them,’ one of the judges said.”
