The fate of Donald Trump's so-called "Liberation Day" tariff proposals will hang in the balance this week in a little-known Manhattan courtroom considers the limits of executive powers.
According to a report from the Wall Street Journal, the three judges sitting on the Court of International Trade will begin hearing arguments this coming week related to a lawsuit brought by multiple businesses contesting the legality of Trump imposing far-reaching tariffs.
The report notes that the federal court "has nationwide jurisdiction over tariff and trade disputes" and that, in the case of constitutional issues, a three-judge panel will hear arguments as opposed to a single judge when confronted with lesser issues.
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The Journal is reporting, "If the panel finds the emergency economic powers law does allow the president to impose tariffs, that conclusion would force the court to face far-reaching constitutional issues that could further embolden Trump if he wins," adding that the plaintiffs claim in their lawsuit, "If there are any constitutional limits to delegation at all, they apply here, in a case where the executive claims virtually limitless authority to impose massive tax increases and start a worldwide trade war.”
The report adds, "While the trade court has jurisdiction over tariffs, some plaintiffs have taken their challenges to district courts instead, arguing they aren’t bound to file in the specialized New York court because Trump improperly relied upon a law that isn’t about tariffs at all. If district judges agree, that would be a considerable blow to the administration."
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