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US Trade Court finds Trump tariffs illegal

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Re: US Trade Court finds Trump tariffs illegal

#81
post #62
post #47

Earlier quoted context omitted.

[flagged]

Better hope this bill that house republicans have passed dies in the senate, since in effect it lets Trump override the courts: https://robertreich.substack.com/p/the-hidden-provision-in-t...

Whoa. It is scary, but not surprising, to me that GOP representatives slipped that into the bill.

Re: US Trade Court finds Trump tariffs illegal

#82
post #34

Earlier quoted context omitted.

Congress seems to want a king?

A plurality of Americans voted for this government, for better or worse. The courts are one of the primary avenues for the minority to express their will, but they move slowly, although slightly faster than congress.

They voted for an R. To be fair it is hard to argue that they voted for this government when Trump maintained he had nothing to do with these plans outlined in Project 2025 all through the campaign and his approval rating has plummeted as people understand the scope of what has happened.

Re: US Trade Court finds Trump tariffs illegal

#83
post #40
post #12

Not saying this is good or bad, but this doesn’t seem surprising. Isn’t the point of our government structure to stop any one person from acting like a king. I’m surprised it took this long.

The Biden admin not only kept the first Trump admin's China tariffs in place but significantly expanded them under the same law. Was Biden acting like a king or does this analogy only go one way? https://edition.cnn.com/2024/09/13/politics/china-tariffs-bi... https://web.archive.org/web/20250101032222/https://www.white... "[The Biden admin intends to use] executive authority"

It’s almost like you don’t understand the concept of doing things in moderation and abusing a granted privilege - you know, the origin of the phrase “this is why we can’t have nice things”. That is, what is happening now is different, and we all know it is different, hence the unanimous court ruling.

Re: US Trade Court finds Trump tariffs illegal

#84
post #79
post #75

Earlier quoted context omitted.

I believe you are correct. Biden used Section 301 of the Trade Act of 1974. Trump has used the 1974 act, but he's also used the International Emergency Economic Powers Act of 1977, which is what the trade court just ruled on. My understanding is the Trump admin's strategy of putting a tariff on every country as an opening to negotiations doesn't fly under the 1974 act, which only allows placing tariffs on a country i…

Biden used executive authority on tariffs repeatedly, the same method Trump is using. And you're totally incorrect, Biden maintained the existing IEEPA tariffs on China that were imposed in Trump's first term.

Did raise them with that power?

The accusation was Biden significantly expanded tariffs using the same power Trump is claiming.

Simply maintaining an existing tariff is something different. Though it could certainly still be objectionable.

Re: US Trade Court finds Trump tariffs illegal

#85

So, since they were apparently never legal in the first place, will there be refunds for all the tariffs already paid? That could really help out small businesses that were hit with huge tariff bills. Common sense would say yes, but not sure how the law actually works. I also wonder about the effects on the budget bill currently being worked on by Congress. Were they factoring in tariff revenue that now won't exist?…

Yeah, that's a very good question. I kind of doubt it since we've moved beyond a world of common sense.

If this ruling holds the best thing would have been to have never paid the tariffs.

Re: US Trade Court finds Trump tariffs illegal

#86
post #65
post #57

Earlier quoted context omitted.

Did Biden do that unilaterally claiming that a half-century economic trend was an EMERGENCY!!! or did he follow the legal process and negotiate with the Congress? They’ve delegated some powers but that’s not carte blanche.

[flagged]

No, he did not. The authority for the current tariffs were drawn from an 1976 act of congress (an amendment to the Trading With Enemies Act of 1917 and a new National Emergencies Act) and the International Emergency Economic Powers Act of 1977.

It's all here in the decision if you care about the facts: https://www.cit.uscourts.gov/sites/cit/files/25-66.pdf

Re: US Trade Court finds Trump tariffs illegal

#87
post #56
post #27

Earlier quoted context omitted.

He only has to notify Congress within 48 hours, and if they don't approve it, those troops can stay deployed for up to 60 days. I'm just saying, he has already shown he's very interested in finding every loophole possible.

Oh, but isn't that law just for 'special military operations'? It's not proper 'war'? (I agree that in practice, a war is a war, whether your nation's laws officially call it as such or not doesn't make much of a difference.)

The last time America formally declared a war was 1942. Every war since then has been various shades of "special military operation".

At least the American public does recognize them as wars, so there's that at least.

Re: US Trade Court finds Trump tariffs illegal

#88
post #40
post #12

Not saying this is good or bad, but this doesn’t seem surprising. Isn’t the point of our government structure to stop any one person from acting like a king. I’m surprised it took this long.

The Biden admin not only kept the first Trump admin's China tariffs in place but significantly expanded them under the same law. Was Biden acting like a king or does this analogy only go one way? https://edition.cnn.com/2024/09/13/politics/china-tariffs-bi... https://web.archive.org/web/20250101032222/https://www.white... "[The Biden admin intends to use] executive authority"

In the linked Biden press release I see an announcement of tariff changes under section 301 and section 232. From today's article:

>Other tariffs imposed under different powers, like so-called Section 232 and Section 301 levies, are unaffected, and include the tariffs on steel, aluminum and automobiles.

It seems that Biden did not, at least in the instance you link to, do the thing that the courts have ruled against today.

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