Federal Court of Appeals Agrees on Tariff Power

The Federal Court of Appeals has recently decided that President Trump does not have the power to set tariffs on imports based on the International Emergency Economic Powers Act. Dave Salmonsen, senior director of government affairs for the American Farm Bureau, said the court decision reaffirmed an earlier decision made by a lower court.

“It said the President doesn't have authority under that international Emergency Economic Powers Act. He doesn't have the authority to impose tariffs. Well, the Court of Appeals said, you know, the lower court was right, so they upheld the Court of International Trade and said no, no authority, Mr. President, to do tariffs under this statute.”

Despite the finding, the Appeals Court didn’t force the administration to call off the tariffs.

“The tariffs continue, but administration, you have until October 14. That's the latest date that you can petition the Supreme Court to hear a case, so we're just gonna leave everything as it is. If you decide to take an appeal, then you go on. But for right now, even though we have this decision, nothing has changed on the tariff front.”

Salmonsen said the next development in the process could take several months to unfold, pending the Supreme Court’s decision to hear the administration’s case.

Dave Salmonsen, American Farm Bureau.