President Donald Trump’s 10% global tariffs are illegal, the U.S. Court of International Trade ruled Thursday, delivering another strike against the cornerstone of the president’s economic agenda after the Supreme Court rejected his controversial “Liberation Day” tariffs in February.
The ruling was handed down Thursday evening.
Photo by BRENDAN SMIALOWSKI/AFP via Getty Images
The court ruled against Trump in a 2-1 vote, with the majority taking the side of small businesses that brought the lawsuit against the president.
The court specifically found Trump did not properly invoke Section 122 of the Trade Act of 1974, which gives the president power to impose tariffs for up to 150 days to address “large and serious” balance-of-payments deficits and prevent depreciation of the U.S. dollar in foreign markets.
The Trump administration is expected to appeal the ruling, which temporarily stops it from imposing global tariffs.
The 10% global tariffs were Trump’s answer to the Supreme Court shooting down his sweeping “Liberation Day” tariffs imposed last year, with the high court finding them unlawful in a 6-3 vote.
“Section 122 allows tariffs only when there are ‘large and serious balance-of-payment deficits,’” Oregon Attorney General Dan Rayfield, who was among a group of Democratic attorneys general backing the plaintiffs, said in a statement. “But no such thing exists—a trade deficit is not a balance-of-payment deficit. As the court ruled, the President’s tariffs proclamation ‘is invalid, and the tariffs imposed on Plaintiffs are unauthorized by law.’”
Trump’s “Liberation Day” tariffs enacted last year sent stocks reeling and set off a chain of backlash from longtime U.S. allies and trading partners who called the levies “wrong” and “deeply regrettable.” Trump cited the International Emergency Economic Powers Act, which allows the president to regulate trade with foreign nations after declaring a national emergency, to impose the sweeping tariffs, before the Supreme Court ruled the action illegal. The president called the Supreme Court’s ruling against his tariffs a “terrible decision,” noting, “it doesn’t matter, because we have very powerful alternatives,” referring in part to the 10% global tariffs he enacted through the Trade Act of 1974. Trump pushed the latest tariffs through without congressional approval and claimed the Supreme Court’s decision actually “made a President’s ability to both regulate Trade, and impose TARIFFS, more powerful and crystal clear, rather than less.”
Supreme Court Strikes Down Trump’s Tariffs As Unlawful (Forbes)
Trump Imposes New 10% Global Tariff After Supreme Court Kills His ‘Liberation Day’ Levies (Forbes)
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