US Trade Court Blocks Trump's 'Liberation Day' Tariffs

It rules that he overstepped his authority by imposing sweeping duties on imports

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NEW YORK — A US federal court on May 28 blocked President Donald Trump's "Liberation Day" tariffs from going into effect, ruling that he overstepped his authority by imposing across-the-board duties on imports from nations that sell more to the United States than they buy.

The Court of International Trade said the US Constitution gives Congress exclusive authority to regulate commerce with other countries and that is not overridden by the president's emergency powers to safeguard the US economy.

"The court does not pass upon the wisdom or likely effectiveness of the President's use of tariffs as leverage," a three-judge panel said in the decision to issue a permanent injunction on the blanket tariff orders issued by Mr. Trump since January.

"That use is impermissible, not because it is unwise or ineffective, but because (federal law) does not allow it."

The judges also ordered the Trump administration to issue new orders reflecting the permanent injunction within 10 days.

The Trump administration minutes later filed a notice of appeal and questioned the authority of the court.

The court invalidated with immediate effect all of Mr. Trump's orders on tariffs since January that were rooted in the International Emergency Economic Powers Act (IEEPA), a law meant to address "unusual and extraordinary" threats during a national emergency.

The court was not asked to address some industry-specific tariffs Mr. Trump had issued on automobiles, steel and aluminum, using a different statute.