U.S. Court of Appeals rules tariffs imposed under IEEPA illegal
The U.S. Court of Appeals for the Federal Circuit ruled Aug. 29 that the tariffs issued under the International Emergency Economic Powers Act (IEEPA) by President Donald Trump are illegal.
The court ruled in favor of a group of 12 other attorneys general from states including Arizona, Colorado, Connecticut, Delaware, Illinois, Maine, Minnesota, Nevada, New Mexico, Oregon and Vermont, who sued the Trump administration in April for unlawfully imposing tariffs under IEEPA. In May, the U.S. Court of International Trade ruled in favor of the attorneys general. The U.S. Court of Appeals has now affirmed that the Trump administration does not have the authority to impose these tariffs by executive order under IEEPA.
The U.S. Court of Appeals stated the following on page 5 of the opinion:
“The Government appeals a decision of the Court of International Trade setting aside five Executive Orders that imposed tariffs of unlimited duration on nearly all goods from nearly every country in the world, holding that the tariffs were not authorized by the International Emergency Economic Powers Act (IEEPA). … Because we agree that IEEPA’s grant of presidential authority to ‘regulate’ imports does not authorize the tariffs imposed by the Executive Orders, we affirm.”
The tariffs will remain in effect through Oct. 14 to allow the Trump administration time to appeal the decision to the Supreme Court.