Trump’s Authority to Wage Tariff War Curbed by Judiciary

The authority of a U.S. president to unilaterally wage a tariff war has been significantly curbed by the judiciary. A federal appeals court ruled that Donald Trump exceeded his power when he used an emergency act to impose duties on nations around the globe.
The court’s decision centered on the International Emergency Economic Powers Act (IEEPA), which it found does not contain the legal authority for the president to set tariffs. The ruling restores a degree of power to Congress, which the Constitution identifies as the primary body for regulating foreign commerce.
The verdict creates a domino effect, potentially toppling the various trade agreements that were built around the IEEPA tariff threat. Countries that made concessions may now feel they have a free pass to ignore those commitments, given that they were based on an illegal U.S. action.
An appeal to the Supreme Court is guaranteed, which will have the final say on this crucial separation-of-powers issue. The case has become a proxy battle over the growth of executive power and the role of the courts in restraining it.