Federal Circuit Court of Appeals Holding on Trump’s Tariffs
The Trafficking and Reciprocal Tariffs Are Illegal
We are not addressing whether the president’s actions should have been taken as a matter of policy. Nor are we deciding whether the International Emergency Economic Powers Act (IEEPA) authorizes any tariffs at all. Rather, the only issue we resolve on appeal is whether the trafficking tariffs and reciprocal tariffs imposed by the challenged executive orders are authorized by IEEPA. We conclude they are not. We first consider the statutory text, including any relevant canons of interpretation. Upon the declaration of such an emergency, IEEPA authorizes the president to: investigate, block during the pendency of an investigation, regulate, direct and…
