it “would be an unconstitutional delegation of Congress’s power to impose tariffs,” according to a statement.
The court concurred in its ruling that Trump lacked the authority to impose those tariffs even after declaring a national emergency.
“IEEPA does not authorize any of the worldwide, retaliatory, or trafficking tariff orders,” the panel of judges said in their order Wednesday. “The worldwide and retaliatory tariff orders exceed any authority granted to the President by IEEPA to regulate importation by means of tariffs. The trafficking tariffs fail because they do not deal with the threats set forth in those orders.”
