Way to go Oregon Attorney General Dan Rayfield. Yesterday the lawsuit brought by Oregon and eleven other states challenging the legal authority for Trump's tariffs got a win from the U.S. Court of International Trade.
Here's what Rayfield said in a media release.
Today, the U.S. Court of International Trade struck down the tariffs imposed by President Trump’s executive orders under the International Emergency Economic Powers Act (IEEPA). The decision was made in a multi-state lawsuit led by Oregon Attorney General Dan Rayfield.
In reaction to the ruling, Attorney General Rayfield said:
“The court’s ruling is a victory not just for Oregon, but for working families, small businesses, and everyday Americans. President Trump’s sweeping tariffs were unlawful, reckless, and economically devastating. They triggered retaliatory measures, inflated prices on essential goods, and placed an unfair burden on American families, small businesses and manufacturers.
“We brought this case because the Constitution doesn’t give any president unchecked authority to upend the economy. This ruling reaffirms that our laws matter, and that trade decisions can’t be made on the president’s whim.”
The decision halts the existing IEEPA tariffs. It also stops President Trump from increasing tariffs, including the threatened 145 percent tariffs on imports from China and 50 percent tariffs on imports from the European Union.
The case is led by Oregon Attorney General Dan Rayfield and Arizona Attorney General Kris Mayes. Also joining the lawsuit are the attorneys general of Colorado, Connecticut, Delaware, Illinois, Maine, Minnesota, Nevada, New Mexico, New York and Vermont.
An appeals court did impose a temporary stay on the lower court's decision. But this shouldn't be viewed as a clearcut victory for the Trump administration, according to a Washington Post story.
The Court of International Trade dealt a blow to Trump’s aggressive trade policy Wednesday when it ruled that Trump exceeded his authority in imposing tariffs on all imported goods.
The law he used to impose the tariffs, the International Emergency Economic Powers Act, did not allow for such sweeping levies, it said. The court noted that the IEEPA says the president may only use his emergency powers “to deal with an unusual and extraordinary threat with respect to which a national emergency has been declared.”
The Trump administration quickly asked the federal appeals court to pause the decision. On Thursday, the court did just that, asking both the administration and the states and businesses who brought the suit to respond in early June.
The Liberty Justice Center, which filed one of the original suits challenging the tariffs that led to this decision, said in a statement Thursday that the pause is “merely a procedural step as the court considers the government's request for a longer stay pending appeal.”
Separately, a second federal court also ruled Thursday that many of Trump’s tariffs are unlawful. The U.S. District Court for the District of Columbia ruled that the emergency economic powers law Trump invoked to impose many of the tariffs did not enable him to “unilaterally impose, revoke, pause, reinstate and adjust tariffs to reorder the global economy.”
...Legal experts have told The Washington Post that the lawsuits are likely to succeed if they make it to the Supreme Court. Tim Meyer, the co-director of the Center for International and Comparative Law at Duke University Law School, said the president is “overwriting” legislation that Congress passed to levy tariffs.
“When the White House is itself touting this as the largest tax increase in American history, I think that’s going to make the justices sit back and think the Constitution gives Congress, and Congress alone, the authority to levy duties, impose tariffs and to regulate foreign commerce,” said Meyer, who clerked for Supreme Court Justice Neil M. Gorsuch, a Trump-nominated Supreme Court justice, when he served on the U.S. Court of Appeals for the 10th Circuit.
Until these lawsuits are resolved, they make it very difficult for the Trump administration to negotiate with the 90 or so countries that tariffs were imposed on. Why would any country want to make a deal with Trump since there's a good chance courts will rule that he doesn't have the legal authority to do what he did?
And even if this doesn't happen, Wall Street has given Trump a new nickname, TACO -- which stands for Trump Always Chickens Out. That's true. Whenever the Trump tariffs cause a marked decline in the stock market or threaten our country's economic vitality, Trump backs off on the tariffs. He's a terrible negotiator.
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