A federal appeals court reinstated President Donald Trump’s sweeping “Liberation Day” tariffs on Thursday.

The appeals court granted the Trump administration’s request for a temporary stay of a lower court’s order freezing tariff increases across dozens of countries. The Thursday decision puts back in place a key component of the president’s economic agenda.

“The request for an immediate administrative stay is granted to the extent that the judgments and the permanent injunctions entered by the Court of International Trade in these cases are temporarily stayed until further notice while this court considers the motions papers,” the appeals court said in its opinion.

On Wednesday, the New York-based Court of International Trade ruled that the president had overstepped his authority in issuing the sweeping new tariff regime, abusing emergency powers and stepping on Congress’ constitutional authority to regulate commerce with foreign countries. The court consolidated two separate cases brought by businesses and state attorneys general in its ruling.

The appeals court gave the plaintiffs until June 5 to respond to its temporary stay of Trump’s tariffs.

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The trade court’s earlier ruling effectively dissolved the tariffs put in place under the International Emergency Economic Powers Act, a 1977 law that had never been used to implement tariffs until Trump.

“The question in the two cases before the court is whether the International Emergency Economic Powers Act of 1977 (‘IEEPA’) delegates these powers to the President in the form of authority to impose unlimited tariffs on goods from nearly every country in the world,” a three-judge panel wrote. “The court does not read IEEPA to confer such unbounded authority and sets aside the challenged tariffs imposed thereunder.”

“Because of the Constitution’s express allocation of the tariff power to Congress … we do not read IEEPA to delegate an unbounded tariff authority to the President. We instead read IEEPA’s provisions to impose meaningful limits on any such authority it confers,” the panel said. “The Worldwide and Retaliatory Tariffs lack any identifiable limits.”

In invoking the act, the White House said that “large and persistent annual U.S. goods trade deficits” had wrecked U.S. manufacturing, undermined supply chains, and threatened national security. The court dismissed the Trump administration’s justification.

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A federal appeals court reinstated President Donald Trump’s sweeping “Liberation Day” tariffs on Thursday.

The appeals court granted the Trump administration’s request for a temporary stay of a lower court’s order freezing tariff increases across dozens of countries. The Thursday decision puts back in place a key component of the president’s economic agenda.

“The request for an immediate administrative stay is granted to the extent that the judgments and the permanent injunctions entered by the Court of International Trade in these cases are temporarily stayed until further notice while this court considers the motions papers,” the appeals court said in its opinion.

On Wednesday, the New York-based Court of International Trade ruled that the president had overstepped his authority in issuing the sweeping new tariff regime, abusing emergency powers and stepping on Congress’ constitutional authority to regulate commerce with foreign countries. The court consolidated two separate cases brought by businesses and state attorneys general in its ruling.

The appeals court gave the plaintiffs until June 5 to respond to its temporary stay of Trump’s tariffs.

Get 40% Off New DailyWire+ Annual Memberships

The trade court’s earlier ruling effectively dissolved the tariffs put in place under the International Emergency Economic Powers Act, a 1977 law that had never been used to implement tariffs until Trump.

“The question in the two cases before the court is whether the International Emergency Economic Powers Act of 1977 (‘IEEPA’) delegates these powers to the President in the form of authority to impose unlimited tariffs on goods from nearly every country in the world,” a three-judge panel wrote. “The court does not read IEEPA to confer such unbounded authority and sets aside the challenged tariffs imposed thereunder.”

“Because of the Constitution’s express allocation of the tariff power to Congress … we do not read IEEPA to delegate an unbounded tariff authority to the President. We instead read IEEPA’s provisions to impose meaningful limits on any such authority it confers,” the panel said. “The Worldwide and Retaliatory Tariffs lack any identifiable limits.”

In invoking the act, the White House said that “large and persistent annual U.S. goods trade deficits” had wrecked U.S. manufacturing, undermined supply chains, and threatened national security. The court dismissed the Trump administration’s justification.

“}]] 

 

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