As mentioned in the immediately prior post,we will take help wherever it comes from in blunting Trump's lawless power grab -- on tariffs. In the International Court of Trade, in Manhattan tomorrow this motion will be argued, on behalf of state economies being wrecked by Trumpian tariffs.
Here's to hoping that the CIT judges read (and enforce) the plain text of Congressional Acts, here:
. . .Congress limited the President’s IEEPA power to dealing with an “unusual and extraordinary threat” because it intended IEEPA to serve as residual authority to address unprecedented circumstances that Congress could not have anticipated through ordinary legislation. A persistent trade deficit for which Congress has already equipped the President with separate authorities that he “must, of course, comply with,” Yoshida, 526 F.2d at 582 n.33, does not constitute an “unusual and extraordinary threat.” Similarly, across-the-board tariffs on products that bear no relationship to the fentanyl crisis do not “deal with” that threat. See id. at 572 (“[T]he primary implication of an emergency power is that it should be effective to deal with a national emergency successfully.”). . . .
IEEPA is not a blank check for the President to fill out at his whim. As a matter of law, the tariffs that the President imposed fall outside authority Congress delegated under IEEPA. This Court should grant the States’ motion for summary judgment, declare the tariffs unlawful, and permanently enjoin them. . . .
We will follow this one now -- as well. Onward.
नमस्ते
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