Maybe I’m looking at this the wrong way, but here goes:
Trade is an integral part of Foreign Policy. Only the Executive Branch can negotiate Treaties and Trade Agreements. Tariffs are an essential component in the negotiating strategy.
Claiming that only Congress can impose tariffs disrupts the Executive Branch’s ability to use Trade as a means to achieving Foreign Policy objectives and Economic goals. Claiming that only Congress can impose tariffs infringes on Executive Branch powers.
The constitutional authority to establish the tariff schedules belongs to Congress. The constitutional authority to impose the tariffs contained in the schedules belongs to the Executive. The same is true of the income tax code. It is set by Congress, but its administration is an Executive Branch function.
Trump should come out and claim the courts are saying he has no authority to tax foreign imports. Since that authority fell under the same interpretation as the federal tax collection I guess I have no authority and for the year 2025 income taxes, I declare none are due. This will be going into the 2026 midterms and show the crossing of the Rubicon for DC bureaucracy.
I hope the judge that halted Trump's tariffs was in fact making a career decision that they didn't want to be a judge and hoped to soon join the ranks of the unemployed.
A federal appeals court on Thursday granted the Trump administration’s request to temporarily pause a lower-court ruling that struck down most of President Donald Trump’s tariffs.
The Trump administration had earlier told the U.S. Court of Appeals for the Federal Circuit that it would seek “emergency relief” from the Supreme Court as soon as Friday if the tariff ruling was not quickly put on pause.
The judgment issued Wednesday night by the U.S. Court of International Trade is “temporarily stayed until further notice while this court considers the motions papers,” the appeals court said in its order.
The pause gives the Trump administration some breathing room as it prepares to argue that the trade court’s ruling should be halted for the duration of the appeals process.
The appeals court gave the plaintiffs — a group that includes state attorneys general and a handful of domestic businesses — one week to respond to the administration’s bid for a stay pending appeal. The U.S. will be able to reply to that response by June 9.
“This is merely a procedural step as the court considers the government’s request for a longer stay pending appeal,” said Jeffrey Schwab, a lawyer for the business plaintiffs, in a statement.
“We are confident the Federal Circuit will ultimately deny the government’s motion shortly thereafter, recognizing the irreparable harm these tariffs inflict on our clients,” Schwab said.
The three-judge trade court panel — which included a Trump appointee — had invalidated all of Trump’s “reciprocal” tariffs and other duties.
The judges found that the 1970s-era law Trump had invoked to enact those tariffs, the International Emergency Economic Powers Act, does not “confer such unbounded authority” to presidents.
The nationwide, permanent block they imposed covered all of the retaliatory tariffs that Trump issued in early April as part of his sweeping “liberation day” plan to reshape international trade with the rest of the world.
The ruling also barred the administration from making any future modifications to the tariffs in question. The court gave the administration 10 days to make the necessary changes to carry out the orders.
The government filed a notice of appeal shortly after the judgment came down. It asked the trade court to pause any enforcement of their ruling while the appeal process played out, while also seeking “at least interim relief” from the federal appellate court.
At the same time, the Trump administration aimed a barrage of criticism at the trade-court judges, accusing them of bias and abusing their power.
“The Supreme Court must put an end to this,” White House press secretary Karoline Leavitt said Thursday afternoon. “These judges are threatening to undermine the credibility of the United States on the world stage.”
“We are living under a judicial tyranny,” White House deputy chief of staff Stephen Miller wrote Thursday morning in response to the ruling, escalating his initial claim that “the judicial coup is out of control.”
Still, Trump officials maintain that they have other options for imposing tariffs, even if they do not prevail in the case.
“Even if we lose, we will do it another way,” Trump trade advisor Peter Navarro told reporters at the White House on Thursday afternoon.
The United States Court of International Trade, established under Article III of the Constitution, has nationwide jurisdiction over civil actions arising out of the customs and international trade laws of the United States
It sounded like one of those made up 4th branch courts thatTrump could fire, but they sound legit.
Surely you recognize the exposure program they're running in the judicial branch.
Man this movie has become a rollercoaster ride!
"What do you want for nothing — a rubber biscuit?"
Like the play-by-play on a ping-pong match.
Maybe I’m looking at this the wrong way, but here goes:
Trade is an integral part of Foreign Policy. Only the Executive Branch can negotiate Treaties and Trade Agreements. Tariffs are an essential component in the negotiating strategy.
Claiming that only Congress can impose tariffs disrupts the Executive Branch’s ability to use Trade as a means to achieving Foreign Policy objectives and Economic goals. Claiming that only Congress can impose tariffs infringes on Executive Branch powers.
The constitutional authority to establish the tariff schedules belongs to Congress. The constitutional authority to impose the tariffs contained in the schedules belongs to the Executive. The same is true of the income tax code. It is set by Congress, but its administration is an Executive Branch function.
Trump should come out and claim the courts are saying he has no authority to tax foreign imports. Since that authority fell under the same interpretation as the federal tax collection I guess I have no authority and for the year 2025 income taxes, I declare none are due. This will be going into the 2026 midterms and show the crossing of the Rubicon for DC bureaucracy.
You have fun ideas.
If you want foreign persons setting up shop, they must enter the country. Executive has that power, including embargoes.
I love the “joke” that’s going around. “Trump is going to resign in order to take the much more powerful position of district judge.”
They're here to stay, watch and see
I hope the judge that halted Trump's tariffs was in fact making a career decision that they didn't want to be a judge and hoped to soon join the ranks of the unemployed.
A federal appeals court on Thursday granted the Trump administration’s request to temporarily pause a lower-court ruling that struck down most of President Donald Trump’s tariffs.
The Trump administration had earlier told the U.S. Court of Appeals for the Federal Circuit that it would seek “emergency relief” from the Supreme Court as soon as Friday if the tariff ruling was not quickly put on pause.
The judgment issued Wednesday night by the U.S. Court of International Trade is “temporarily stayed until further notice while this court considers the motions papers,” the appeals court said in its order.
The pause gives the Trump administration some breathing room as it prepares to argue that the trade court’s ruling should be halted for the duration of the appeals process.
The appeals court gave the plaintiffs — a group that includes state attorneys general and a handful of domestic businesses — one week to respond to the administration’s bid for a stay pending appeal. The U.S. will be able to reply to that response by June 9.
“This is merely a procedural step as the court considers the government’s request for a longer stay pending appeal,” said Jeffrey Schwab, a lawyer for the business plaintiffs, in a statement.
“We are confident the Federal Circuit will ultimately deny the government’s motion shortly thereafter, recognizing the irreparable harm these tariffs inflict on our clients,” Schwab said.
The three-judge trade court panel — which included a Trump appointee — had invalidated all of Trump’s “reciprocal” tariffs and other duties.
The judges found that the 1970s-era law Trump had invoked to enact those tariffs, the International Emergency Economic Powers Act, does not “confer such unbounded authority” to presidents.
The nationwide, permanent block they imposed covered all of the retaliatory tariffs that Trump issued in early April as part of his sweeping “liberation day” plan to reshape international trade with the rest of the world.
The ruling also barred the administration from making any future modifications to the tariffs in question. The court gave the administration 10 days to make the necessary changes to carry out the orders.
The government filed a notice of appeal shortly after the judgment came down. It asked the trade court to pause any enforcement of their ruling while the appeal process played out, while also seeking “at least interim relief” from the federal appellate court.
At the same time, the Trump administration aimed a barrage of criticism at the trade-court judges, accusing them of bias and abusing their power.
“The Supreme Court must put an end to this,” White House press secretary Karoline Leavitt said Thursday afternoon. “These judges are threatening to undermine the credibility of the United States on the world stage.”
“We are living under a judicial tyranny,” White House deputy chief of staff Stephen Miller wrote Thursday morning in response to the ruling, escalating his initial claim that “the judicial coup is out of control.”
Still, Trump officials maintain that they have other options for imposing tariffs, even if they do not prevail in the case.
“Even if we lose, we will do it another way,” Trump trade advisor Peter Navarro told reporters at the White House on Thursday afternoon.
It sounded like one of those made up 4th branch courts thatTrump could fire, but they sound legit.
Nice.
I guess we don't need the navy quit yet.