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“… Lawyers warned that that the government may ask a higher court to block the implementation of the block while they appeal it. The immediate higher court is the federal circuit, though it could potentially go right to the Supreme Court.“… the Trump administration has not met that criteria for an emergency, the plaintiffs alleged. The lawsuit also alleges IEEPA doesn’t give the president the power to enact tariffs in the first place, and even if it was interpreted to, it “would be an unconstitutional delegation of Congress’s power to impose tariffs,” according to a statement.
The court concurred in its ruling that Trump lacked the authority to declare a national emergency in order to impose those tariffs.
“IEEPA does not authorize any of the worldwide, retaliatory, or trafficking tariff orders,” the panel of judges said in their order Wednesday. “The worldwide and retaliatory tariff orders exceed any authority granted to the President by IEEPA to regulate importation by means of tariffs. The trafficking tariffs fail because they do not deal with the threats set forth in those orders.”
… The Department of Justice lawyers argued that the tariffs are a political question – meaning it’s something that the courts can’t decide.
But the plaintiffs said IEEPA makes no mention of tariffs.
“If starting the biggest trade war since the Great Depression based on a law that doesn’t even mention tariffs is not an unconstitutional usurpation of legislative power, I don’t know what is,” Somin said in April….”
The United States Court of International Trade is a federal court in Manhattan that handles disputes over customs and international trade laws.“