On Thursday, the U.S. Court of Appeals for the Federal Circuit heard oral arguments on the legality of the tariffs—a high-stakes lawsuit, brought by 12 Democrat-led states and five small businesses, which could derail the president’s tariff scheme.
He’s the first-ever president to impose tariffs by invoking the emergency law—something many of the appeals judges pointed out.
The act has forced Trump to create so-called emergencies that his tariffs must mitigate. In March, Trump said that the fentanyl emergency was the reason behind his tariffs on Canada, China, and Mexico. In April, he upped the ante and levied a 10 percent global baseline tariff, naming the emergency in question as the trade deficit.
Overall, CNN reports that 10 out of 11 judges on Thursday were skeptical of the president’s use of the act, questioning why Trump is leaning on a law that makes no reference to tariffs and has never before been used to levy them.
He continued, “IEEPA doesn’t even say tariffs, doesn’t even mention them.”
The U.S. Court of International Trade sided against the president in May, and the administration quickly appealed. The appeals court has allowed Trump’s tariffs to remain in place while the case is being challenged. Depending on the court’s ruling—which, as of now, is not looking too good for Trump—the tariffs’ future could be left in the increasingly partisan hands of the Supreme Court.
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