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US Court Rules Many Of Trump’s Tariffs ‘Illegal’, But They Will Still Be In Effect; Here’s Why

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US court struck down most of Trump’s tariffs as illegal, ruling that the President overstepped his authority in using the 1977 law which lets the government take emergency action.

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US court order on Trump tariffs: Trump's tariffs remain despite ruling (Reuters image)

US court order on Trump tariffs: Trump’s tariffs remain despite ruling (Reuters image)

A US appeals court on Friday struck down most of Donald Trump’s tariffs as “illegal”, ruling that he illegally used emergency powers to impose import taxes.

The court, however, did not immediately stop the implementation of the tariffs, which have been allowed to remain in effect until October 14, thus allowing the Trump administration time to move the Supreme Court against the order.

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The order was a major blow to one of Trump’s signature economic policies that he has used to threaten countries around the world to bring them to what he says is “fair trade”.

In its judgment, the US Court of Appeals for the Federal Circuit in Washington DC ruled that the President had overstepped his authority in using the 1977 International Emergency Economic Powers Act (IEEPA).

The Act does not authorise tariffs like the ones Trump used earlier this year, the Federal Circuit said, CNN reported.

The judges ruled that Trump’s tariffs were an overstep of his power as the ability to impose taxes, which also includes tariffs, is a “core Congressional power”.

“The statute bestows significant authority on the President to undertake a number of actions in response to a declared national emergency, but none of these actions explicitly include the power to impose tariffs, duties, or the like, or the power to tax,” Reuters quoted the court’s order as saying.

“It seems unlikely that Congress intended to … grant the President unlimited authority to impose tariffs,” the judges said in a 7-4 ruling, Associated Press reported.

Some judges disagreed with the ruling. They argued that the 1977 law, which lets the government take emergency actions, is not unconstitutional. They said past Supreme Court decisions have allowed Congress to give the President certain powers over tariffs.

The ruling covers the “reciprocal” tariffs Trump introduced in April during his trade war, as well as another set of tariffs announced in February against China, Canada, and Mexico. But it does not affect other tariffs, like those on steel and aluminum, which were imposed under different laws.

About the Author

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Ashesh Mallick

Ashesh Mallick is a Sub-Editor with over three years of experience in news writing, video production. He primarily covers national news, politics and global affairs. You can follow him on Twitter: @MallickAshes…Read More

Ashesh Mallick is a Sub-Editor with over three years of experience in news writing, video production. He primarily covers national news, politics and global affairs. You can follow him on Twitter: @MallickAshes… Read More

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