有两个没参加,7个奥八法官都应该是积极参加了
Active Judges:
Kimberly A. Moore – Chief Judge - Young Bush
Sharon Prost - Young bush
Paul R. Michel - Reagan
Alan D. Lourie - Old Bush
Timothy B. Dyk - Clinton
Kathleen M. O'Malley - Obama
Jimmie V. Reyna - Obama
Richard G. Taranto - Obama
Raymond T. Chen - Obama
Todd M. Hughes - Obama
Kara Farnandez Stoll - Obama
Leonard P. Stark - Obama
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The court’s 7–4 decision affirmed that the IEEPA does not authorize the president to impose tariffs via executive orders.
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The ruling upheld a prior decision by the Court of International Trade, which had also found the tariffs invalid.
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Despite declaring the tariffs unlawful, the appeals court allowed them to remain in place temporarily, giving the administration time to appeal to the Supreme Court
In the 7–4 decision by the U.S. Court of Appeals for the Federal Circuit declaring President Trump’s emergency tariffs unlawful, the majority of judges ruled that the International Emergency Economic Powers Act (IEEPA) does not authorize the president to impose tariffs unilaterally.
While the full list of judges in the majority hasn’t been publicly detailed in all sources, we do know this was an en banc ruling, meaning all 11 active judges participated. The majority opinion was joined by seven judges, and four judges dissented. Additionally, four judges in the majority issued a concurring opinion stating that IEEPA doesn’t authorize any tariffs at all,
not just the ones in question.
The court’s reasoning emphasized:
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The power to impose tariffs lies with Congress, not the Executive Branch.
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IEEPA lacks any language granting tariff authority—no mention of “duties,” “customs,” or “taxes”.
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The ruling affirms a lower court decision and tees up a potential Supreme Court showdown.