关税合不合法谁说了算?The U.S. Court of Appeals 有7个Obama judges所以是7比4

本帖于 2025-08-29 20:40:53 时间, 由普通用户 dancinghorse 编辑

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

  • The court’s 7–4 decision affirmed that the IEEPA does not authorize the president to impose tariffs via executive orders.

  • The ruling upheld a prior decision by the Court of International Trade, which had also found the tariffs invalid.

  • 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:

  • The power to impose tariffs lies with Congress, not the Executive Branch.

  • IEEPA lacks any language granting tariff authority—no mention of “duties,” “customs,” or “taxes”.

  • The ruling affirms a lower court decision and tees up a potential Supreme Court showdown.

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