May 29, 2025
Trade Court Bans Tariffs
Timothy Birdnow
Congress granted the power to issue tariffs to the President in Section 122 of the Trade Act of 1974. That act has not been repealed.
This court is accusing Trump of "exceeding his authority". Yet it is ignoring the law and replacing it with his personal opinion. Who is exceeding their authority?
Court Intervenes in Trump's Economic Agenda, Tariffs in Major Trouble
From the article:
Not a national emergency? I would call it a shitpot mother of an emergency. America is teetering on insolvency. Just because it has been ongoing does not mean it does not constitute an emergency. A guy bleeding from a cut on his leg isn't an emergency - until he bleeds out two quarts of blood. Then he's on life support with a transfusion.
Dufuses.
And exactly WHO determines if it is an emergency or not? The President of the United States is invested with that power, not some damned three judge panel based in Manhattan.
Yes, the Constitution does indeed directly grant the power to impose a tariff to Congress. Congress didn't want it and gave it to the President. To remedy the abuse of the tariff by the President it is CONGRESS that needs to take action - not the courts. The court has no legal jurisdiction here.
Why, pray tell, didn't this court or some other court issue an identical ruling over tariffs in the last fifty years? Every single President since has imposed them. In America we have a thing called precedent. It's part of English Common law. If something is done long enough it becomes enshrined into law whether there is a formal statute or not. For example, there is no law, not one single law, granting the power of judicial review to the courts. That power was usurped by John Marshall in his SCOTUS opinion in Marbury v. Madison. He simply stated he thought it a good idea, and nobody objected. It is defacto law now. But where in the Constitution does it say anything about judicial review?
For that matter, where is this court in the Constitution. The President's office is there, but not a court of international trade.
This is a ruling Trump needs to simply ignore. He can appeal if he likes, but win or lose I think Trump needs to tell this court to go and,well, this is a family blog,after all.
Basically these judges are imposing a new and novel interpretation of the law,one based on their personal opinion and not on legal precedent.Itis THEY who are overstepping their authority.
Congress should dissolve this court. They have the power to do that.
This court did not issue an injunction, they granted summary judgment against the Administration. If this edict is obeyed it means ALL tariffs are stopped.
What does that mean? Does it mean even the tariffs that had been in place during the Biden Adminstration will be gone?
The Administration will have to appeal to the D.c. Court of Appeals (where they will probably lose) or directly to SCOTUS, and with Roberts and conehead Barrett it's a crapshoot there.
Now is the time to draw a line in the sand. Yes, the Democrats will try to impeach Trump, but at this point that is a foregone conclusion. Something has to be done now.
The whole point of course has been to use the courts to block everything Trump is trying to do to buy time until the midterms. The party in power almost always loses seats in the midterm elections and if the Democrats can take the House then all of the investiggations and harrassment come back. And all the money dries up for Trump's policies. That is ultimately all that is happening here; this is a prevent defense by the Democrats.
And it illustrates how effective they have been in putting partisans in key judicial positions over the years. This would never have happened had the Republicans not employed the principle of "he won, he gets what he wants" every time a Democrat becomes President. The Democrats never extended the same courtesy to Republican presidents, fighting tooth-and-nail to stop every good appointee by any POTUS with an R behind their name. It's now clear the donkeys have a majority in the judiciary and that majority is now being called on to run interference. Like the Godfather, they got their judgeships with the caveat "some day, and that day may never come, we'll call upon you for a service". Well, that day has come and now the judges are being forced to act in openly partisan ways.
We have to work out ways to stop this judicial power-grab. Congress can dissolve their coursts. Congress can pass laws limiting the scope of their power. After all there is not one single court actually created by the Constitution save the Supreme Court.
This shows quite clearly that these courts are way, way out of control and must be reined in.
And if the Supreme Court stands in the way of dissolving these lesser courts? Their new home can be placed in East St. Louis with the other thugs.
Time to stop pussy-footing around.
Congress granted the power to issue tariffs to the President in Section 122 of the Trade Act of 1974. That act has not been repealed.
This court is accusing Trump of "exceeding his authority". Yet it is ignoring the law and replacing it with his personal opinion. Who is exceeding their authority?
Court Intervenes in Trump's Economic Agenda, Tariffs in Major Trouble
From the article:
The decision came from a three-judge panel of the U.S. Court of International Trade, based in New York City, according to the Associated Press.
On what he billed as Liberation Day on April 2, Trump announced a universal 10 percent tariff and higher reciprocal tariffs for those countries his administration identified as being particularly egregious in blocking U.S. products from their markets.
The AP noted there were at least seven plaintiffs who challenged the levies in court.
"Tariffs must typically be approved by Congress. Trump has said he has the power to act to address the trade deficits he calls a national emergency,” the outlet said.
The plaintiffs argued that the 1977 International Emergency Economic Powers Act did not authorize the president to impose tariffs.
Further, even if it did, they contended that the record trade deficit of $1.2 trillion in 2024 did not constitute an emergency, saying the U.S. has had a trade imbalance for the last 49 years.
On what he billed as Liberation Day on April 2, Trump announced a universal 10 percent tariff and higher reciprocal tariffs for those countries his administration identified as being particularly egregious in blocking U.S. products from their markets.
The AP noted there were at least seven plaintiffs who challenged the levies in court.
"Tariffs must typically be approved by Congress. Trump has said he has the power to act to address the trade deficits he calls a national emergency,” the outlet said.
The plaintiffs argued that the 1977 International Emergency Economic Powers Act did not authorize the president to impose tariffs.
Further, even if it did, they contended that the record trade deficit of $1.2 trillion in 2024 did not constitute an emergency, saying the U.S. has had a trade imbalance for the last 49 years.
Not a national emergency? I would call it a shitpot mother of an emergency. America is teetering on insolvency. Just because it has been ongoing does not mean it does not constitute an emergency. A guy bleeding from a cut on his leg isn't an emergency - until he bleeds out two quarts of blood. Then he's on life support with a transfusion.
Dufuses.
And exactly WHO determines if it is an emergency or not? The President of the United States is invested with that power, not some damned three judge panel based in Manhattan.
Yes, the Constitution does indeed directly grant the power to impose a tariff to Congress. Congress didn't want it and gave it to the President. To remedy the abuse of the tariff by the President it is CONGRESS that needs to take action - not the courts. The court has no legal jurisdiction here.
Why, pray tell, didn't this court or some other court issue an identical ruling over tariffs in the last fifty years? Every single President since has imposed them. In America we have a thing called precedent. It's part of English Common law. If something is done long enough it becomes enshrined into law whether there is a formal statute or not. For example, there is no law, not one single law, granting the power of judicial review to the courts. That power was usurped by John Marshall in his SCOTUS opinion in Marbury v. Madison. He simply stated he thought it a good idea, and nobody objected. It is defacto law now. But where in the Constitution does it say anything about judicial review?
For that matter, where is this court in the Constitution. The President's office is there, but not a court of international trade.
This is a ruling Trump needs to simply ignore. He can appeal if he likes, but win or lose I think Trump needs to tell this court to go and,well, this is a family blog,after all.
Basically these judges are imposing a new and novel interpretation of the law,one based on their personal opinion and not on legal precedent.Itis THEY who are overstepping their authority.
Congress should dissolve this court. They have the power to do that.
This court did not issue an injunction, they granted summary judgment against the Administration. If this edict is obeyed it means ALL tariffs are stopped.
What does that mean? Does it mean even the tariffs that had been in place during the Biden Adminstration will be gone?
The Administration will have to appeal to the D.c. Court of Appeals (where they will probably lose) or directly to SCOTUS, and with Roberts and conehead Barrett it's a crapshoot there.
Now is the time to draw a line in the sand. Yes, the Democrats will try to impeach Trump, but at this point that is a foregone conclusion. Something has to be done now.
The whole point of course has been to use the courts to block everything Trump is trying to do to buy time until the midterms. The party in power almost always loses seats in the midterm elections and if the Democrats can take the House then all of the investiggations and harrassment come back. And all the money dries up for Trump's policies. That is ultimately all that is happening here; this is a prevent defense by the Democrats.
And it illustrates how effective they have been in putting partisans in key judicial positions over the years. This would never have happened had the Republicans not employed the principle of "he won, he gets what he wants" every time a Democrat becomes President. The Democrats never extended the same courtesy to Republican presidents, fighting tooth-and-nail to stop every good appointee by any POTUS with an R behind their name. It's now clear the donkeys have a majority in the judiciary and that majority is now being called on to run interference. Like the Godfather, they got their judgeships with the caveat "some day, and that day may never come, we'll call upon you for a service". Well, that day has come and now the judges are being forced to act in openly partisan ways.
We have to work out ways to stop this judicial power-grab. Congress can dissolve their coursts. Congress can pass laws limiting the scope of their power. After all there is not one single court actually created by the Constitution save the Supreme Court.
This shows quite clearly that these courts are way, way out of control and must be reined in.
And if the Supreme Court stands in the way of dissolving these lesser courts? Their new home can be placed in East St. Louis with the other thugs.
Time to stop pussy-footing around.
Posted by: Timothy Birdnow at
08:43 AM
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