A federal court will hear arguments on Tuesday regarding President Donald Trump’s tariffs. This case could challenge a central part of his economic strategy for the first time.
Three judges at the U.S. Court of International Trade will assess whether Trump’s recent decision to impose high tariffs on over 180 countries was within his legal authority. If they side with the plaintiffs, it could limit Trump’s ability to impose these import taxes unilaterally, a key method he has used to assert executive power.
The lawsuit was filed in mid-April by five businesses that depend on imported goods. They argue that the International Emergency Economic Powers Act (IEEPA), which Trump used to justify these tariffs, doesn’t empower him to impose such sweeping duties. According to their complaint, “trade deficits, which have persisted for decades without causing economic harm, are not an emergency.”
The law allows the president to regulate imports during a national emergency, but the plaintiffs claim the “national emergency” Trump declared to justify this is unfounded. They are seeking to block his April 2 executive order and recover tariffs collected from them.
The Department of Justice contends that the IEEPA clearly allows the president to implement tariffs. Their lawyers declare that Congress lawfully granted the president authority in specific situations.
Importantly, the Liberty Justice Center, representing the plaintiffs, highlights that the Constitution grants Congress—not the president—the power to levy taxes. They assert that if Congress allows the president to impose global tariffs at will, it would be an unconstitutional delegation of legislative power.
Historically, tariffs have been a contentious topic in the U.S. economy. The Smoot-Hawley Tariff Act of 1930, for instance, significantly raised tariffs on imports but is widely believed to have worsened the Great Depression. Fast forward to today, and tariffs remain a hot-button issue that can evoke strong reactions from businesses and consumers alike. A recent survey found that 62% of U.S. businesses expressed concern about the impact of tariffs on their operations.
Trump has often touted tariffs as essential for negotiating trade deals and generating revenue. However, he has also lowered some tariffs in response to market volatility and feedback from concerned stakeholders. Just last week, he reduced the rates to a flat 10% for 90 days for most countries, excluding China, while a temporary truce was reached during trade negotiations.
As the lawsuit unfolds, it could reshape how tariffs are used by future presidents, creating a significant precedent.
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