Summary: Congress has not delegated (and may not delegate) all power over tariff enactment to the president. It would violate the separation of powers.

The Court of International Trade said the U.S. Constitution gives Congress exclusive authority to regulate commerce with other countries that is not overridden by the president’s emergency powers to safeguard the U.S. 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 Trump since January. “That use is impermissible not because it is unwise or ineffective, but because [federal law] does not allow it.”

    • Xartle@lemmy.ml
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      5 days ago

      As I understand it, the importer has to fill out a form for a fee adjustments. But assuming they do that, I think yes.

      I heard a port facilitator guy talking about the fee adjustment thing when the tariffs were starting. Good guess on his part.

      • Jhex@lemmy.world
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        5 days ago

        So the USA would have lost billions in stock volatility, billions more in lost trust and won’t even get to keep whatever tariffs they have collected so far…

        Don TACO is indeed the greatest negotiator alive LOL

          • Jhex@lemmy.world
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            4 days ago

            some may be benefiting from the useful idiot but there are better ways to do that… I don’t buy this was the plan all along

            that’s like fallig down a tree on top of your house just to get some fruit