A federal court in the United States has ordered this Wednesday to suspend most of President Donald Trump’s global tariffs, considering that he exceeded his authority when he adopted this measure - which has been declared “illegal” - in early April bypassing Congress.
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This ruling also affects the duties applied to China, Mexico, and Canada to combat the entry of fentanyl and the arrival of migrants to the country.
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The US International Trade Court has ordered the suspension of the 30 percent tariffs on the Asian giant, the 25 percent duties on some goods from Mexico and Canada, as well as the global tariffs of ten percent.
“The entire tariff system of Liberation Day and other tariffs of the International Emergency Economic Powers Act of 1977 (IEEPA) is illegal and is prohibited by a permanent court order,” states the document, which also deems it “unconstitutional” for bypassing approval by Congress.
The court has made this decision arguing that “it does not interpret that the IEEPA --which Trump has used to justify his tariff policy-- confers such unlimited authority and nullifies the challenged tariffs imposed under it.” This explains why the suspension does not affect the 25 percent rates on automobiles, steel, and aluminum, as they are subject to the Trade Expansion Act.
The court has ruled in favor of a permanent injunction, which could freeze the global tariffs even before Washington reaches any agreement with affected countries. Thus, it has ordered a period of ten calendar days for the administrative orders to “implement the permanent injunction,” as reported by the American television network CNN. This means that most of the tariffs would be halted if the ruling is upheld on appeal and reaches the Supreme Court, which has a conservative majority.
The ruling was written by a panel of three judges from this court - appointed by former presidents Ronald Reagan, Barack Obama, and the current White House resident in his first term - in response to a lawsuit from the independent center Liberty Justice Center on behalf of five companies that claimed to have been severely harmed by the tariffs imposed by the Republican president.
The White House has stated that it will appeal the ruling, defending the need for tariffs because the trade deficits of the United States with other countries have “created a national emergency that has devastated American communities,” as spokesperson Kush Desai has pointed out.
“Non-elected judges are not entitled to decide how to properly address a national emergency. President Trump has pledged to prioritize the United States, and the Administration is committed to using all resources of the executive branch to address this crisis and restore American greatness,” added in a statement collected by CNN.