Most Trump tariffs ruled illegal in huge blow to White House trade policy

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10. Trump's tariff push overstepped presidential powers, appeals court says

A panel of 11 judges ruled 7-to-4 that the president’s tariffs were illegal but said they could stay in place as the case proceeds.

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https://www.nbcnews.com/business/business-news/trump-tariffs-lawsuit-appeals-court-ruling-what-to-know-rcna223915

A federal appeals court said Friday that President Donald Trump had misused his authority in imposing an array of tariffs under an emergency-powers statute, ruling that only Congress has the power to apply such sweeping measures.

However, the judges said the tariffs can stay in place as the case proceeds.

“The core Congressional power to impose taxes such as tariffs is vested exclusively in the legislative branch by the Constitution,” a ruling signed by seven judges with the federal circuit court of appeals said.

“Tariffs are a core Congressional power,” it said.......

The Court of International Trade initially blocked the tariffs in late May. It found that the import duties lacked “any identifiable limits” and that the law Trump cited in many of his executive orders did not “delegate an unbounded tariff authority to the President.” It also said the tariffs did not meet the test of an “unusual and extraordinary” risk to the country.

All of Trump’s tariffs on major trading partners, such as Canada, Mexico, China, the European Union, Japan, India, Brazil and a handful of other countries, have been deployed using the law.