Judges bombard Trump admin over president using emergency powers for tariff spree

A coalition of 12 blue states and five small businesses brought the case, hoping to get the president’s tariff regime thrown out.

They have no standing in this case. The appropriate action would be to throw the case out.

The correct parties are the US Congress and the Executive branch. If the Congress chooses to correctly delegate their authority to the Executive, they is their choice. States have no say in this. Private businesses have no say in this. Courts have no say in this.

It is beyond absurd that the appeals court would even take such a political partisan case seriously.

Judges bombard Trump admin over president using emergency powers for tariff spree​

WASHINGTON — A panel of appeals court judges bombarded a Trump administration attorney Thursday with pointed questions about the president’s use of emergency powers to levy reciprocal tariffs on dozens of countries — hours before “Liberation Day” duties were set to take effect.

The 11-judge panel of the US Court of Appeals for the Federal Circuit put their most searching inquiries to Assistant US Attorney General Brett Shumate.

“The negative balance of goods is decades and decades old,” one jurist said before asking how the trade deficit could be considered a national emergency given its longstanding nature.

Response: More evidence of the stupidity these jurists are willing to wallow in. It is IRRELEVANT.

Shumate argued that the gap between US imports and exports had widened recently and further contended that Congress has given presidents broad leeway to wield tariffs.

Response: This is the relevant statement and the reason these jurists should have thrown the case out.

Congress is the ONLY party to any legal issues arising with Tariffs and negotiating them. They have obviously delegated that authority as they are not arguing, demanding or forcing the President to stop through legislation. In fact, I can't imagine a deliberative body like the Congress engaging in negotiations with so many nations over Fair Trade and Tariffs. They are not capable of that.

Here is the relevant argument on why Trump is within his legal right as executive to negotiate and assess tariffs:

Constitutional Basis for Tariff Authority​

Article I, Section 8 of the U.S. Constitution vests the power to lay and collect tariffs with Congress. The Founding Fathers intended for legislative oversight on taxation, tariffs, and related financial matters, viewing tariffs as strategic levers to be used with caution and prudence.

Historically, Congress set tariffs and maintained tight control over this power. However, over time, particularly after the Great Depression, there was a shift towards delegating some authority to the executive branch. This began with the Reciprocal Trade Agreements Act of 1934, allowing the President to negotiate trade agreements without separate congressional approval each time.

Later acts, such as the Trade Expansion Act of 1962 and the Trade Act of 1974, further evolved this delegated authority. These allowed the President to act on national security concerns through tariffs or respond to unfair foreign trade practices. However, this delegation is not unchecked. For instance, Section 232 of the 1962 Act enables the President to impose tariffs if imports threaten national security, but this is bounded by specific findings and processes.