The U.S. Court of Appeals for the Federal Circuit held that President Trump lacked authority under the International Emergency Economic Powers Act (IEEPA) to impose sweeping import tariffs. The court affirmed a Court of International Trade decision setting aside five Executive Orders that imposed tariffs of unlimited duration on nearly all goods from nearly every country. The 7-4 ruling found that IEEPA's grant of presidential authority to regulate imports does not authorize the tariffs at issue. Three judges in a concurring opinion stated that IEEPA does not authorize any tariffs and criticized the government's expansive interpretation of "regulate." The ruling undercuts the administration's signature trade policy.
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 join the majority opinion in full. While we agree with the majority that the International Emergency Economic Powers Act (IEEPA), 50 U.S.C. 1701 et seq., does not grant the President authority to impose the type of tariffs imposed by the Executive Orders, Maj. Op. at 2642, we write separately to state our view that IEEPA does not authorize the President to impose any tariffs.
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