A three-judge panel at the US Court of International Trade has granted summary judgment to a group of states and organizations, ruling that the OAFPOTUS's reliance on the International Emergency Economic Powers Act of 1977 is unconstitutional, and thus nearly all of the administration's tariffs are unlawful:
On Wednesday, the Court of International Trade, the primary federal legal body overseeing such matters, found that Mr. Trump’s tariffs “exceed any authority granted” to the president by the emergency powers law. Ruling in separate cases brought by states and businesses, a bipartisan panel of three judges essentially declared many, but not all, of Mr. Trump’s tariffs to have been issued illegally.
It was not clear precisely when and how the tariff collections would grind to a halt. The ruling gave the executive branch up to 10 days to complete the bureaucratic process of ending them. The Trump administration immediately filed its plans to appeal in the U.S. Court of Appeals for the Federal Circuit.
A White House spokesman, Kush Desai, sharply rebuked the court, saying ... “It is not for unelected judges to decide how to properly address a national emergency.”
The USCIT agrees with you, Mr Desai: Congress should decide how to properly address tariffs. And there is no emergency.
There were, naturally, a few reactions this morning.
Krugman: "Is there a dignified legal way, preferably in Latin, to say 'Holy Shit?' ... [I]t has been obvious all along that Trump’s use of the 1977 International Economic Emergency Powers Act to justify Smoot-Hawley level tariffs was a massive abuse of power. I mean, since when are 4 percent unemployment and 2.5 percent inflation an emergency justifying the reversal of 90 years of policy?"
Marshall: "So is this all over? I suspect it may be. There are laws which grant the President the power to impose tariffs for specific reasons. But this particular law doesn’t even mention tariffs as something the President can do under this act. So I don’t think as a legal matter it’s a terribly close call."
Zoe Williams: "The observer could file all this under 'government: harder than it looks.' Moving fast and breaking things doesn’t work. Borrowing and spending while slashing and burning in a formless, ad hoc fashion doesn’t work. Billionaires with fragile egos, trying to cooperate while reserving the right to say whatever they like about each other, well, this has never worked. It would be the gravest imaginable mistake, though, to think that just because the wheels are coming off it this bus is losing its destructive power."
I'm surprised to discover, however, that none of my other usual suspects reacted. "Flooding the zone with shit" does work, to an extent, because they can produce alarming quantities of feculence quickly. But so far, the OAFPOTUS has lost every one of his major initiatives in court. Well, district court, and one or two circuit courts of appeal. We have a long way to go before the bus actually stops moving.