Friday, August 29, 2025

Invalid As Contrary To Law

The Government appeals a decision of the Court of International Trade setting aside five Executive Orders that imposed tariffs of unlimited duration on nearly all goods from nearly every country in the world, holding that the tariffs were not authorized by the International Emergency Economic Powers Act (IEEPA), 50 U.S.C. § 1701 et seq.  Because we agree that IEEPA's grant of presidential authority to "regulate" imports does not authorize the tariffs imposed by the Executive Orders, we affirm.

We affirm the CIT's holding that the Trafficking and Reciprocal Tariffs imposed by the Challenged Executive Orders exceed the authority delegated to the President by IEEPA's text.  We also affirm the CIT's grant of declaratory relief that the orders are "invalid as contrary to law."

-- US Court of Appeals for the Federal Circuit, ruling in V.O.S. Selections, Inc., et al v Donald J Trump et al, a challenge to President Trump's "reciprocal" tariffs, brought by 5 small businesses and 12 states, in which the Appeals Court upheld a judgement by the Court of International Trade (CIT) ruling the tariffs illegal (29 August 2025)

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