Trump Tariffs Struck Down

There’s going to be plenty for a new thread on this one.

Here’s the United States Court of International Trade ruling:

The administration says it will appeal. And this is so fundamental to the Trump project that one has to wonder whether they will comply.

I’m also wondering about a possible relationship to the Bill Beautiful Bill Act. Can one argue that it will give Trump the power to do what the court says existing law disallows?

The Associated Press story is here:

https://www.npr.org/2025/05/28/g-s1-69479/federal-trade-court-trump-tariffs-emergency-powers-law

If it is found illegal/unconstitutional, does the money we/I have already paid in tariffs to the US Govt get returned to me?

If it is ever so ordered, this would also require Trump obeying the law, which is just not possible. Sorry.

This could be the biggliest class action lawsuit ever against the US govt. I think Trump has said his tariffs are bringing in billions per day.

Does anyone know why this court didn’t block the Trump 45 tariffs?

The Wikipedia article on the first Trump administration tariffs speaks of the World Trade Organization (WTO) ruling against the U.S. Since WTO is international (as opposed to American) law, the Trump administration ignored it. I gather that even the Biden administration ignored it when continuing some of the Trump tariffs:

Tariffs in the first Trump administration

By contrast, the latest ruling comes from a full-fledged United States federal court, and so should be harder to defy.

Did anyone challenge them in this court? Unless someone brings action, court can’t rule.

The Wikipedia article on the court says that an appeal lies to the Federal Circuit. However, I have a hazy memory that when it’s a three judge panel at the district trial level, appeal goes to SCOTUS? Any US law-talking Dopers care to weigh in?

What took them so long? The case should have been filed when he imposed the first tariff. What is the emergency that justifies his actions? All I’ve ever heard was “derrrrrrp… something something fentanyl.”

“Liberation Day Tariffs” were signed on April 2.

Action was brought by the states in this case on April 23.

Case was briefed and argued sometime after that date.

Judgment from a three-judge panel came out May 28, on a complex and significant constitutional law case.

That’s quick.

US Dollar and stocks apparently rising on the news.

The Pope? How many divisions does he have?

Who is going to enforce this legal order? Without enforcement, a legal ruling is meaningless.

I am wondering many minutes it will be until Trump sends out a complaint on social media to the effect that no one has ever heard of this court and that its judges (one of whom is a Trump appointee) are radical leftist lunatic activists who answer to Chuck Schumer or Bruce Springsteen or whoever he’s mad at today.

Also anticipating a 6-3 reversal at the Supreme Court if Trump can weasel this in front of them.

None, but don’t the Swiss guards amount to a few companies?

And tonight’s market response suggests that the U.S. Court of International Trade is thought, by some folks at least, harder to defy than the truly toothless WTO.

Now, it may be that SCOTUS will side with Trump so quickly that we’ll never see if Trump would have complied.

The Big Beautiful Bill says that no federal money can be used to enforce contempt of court rulings against the administration. If SCOTUS goes along with that, I’ll agree the federal courts lack even a platoon.

There already are mentions of tariffs in the Big Beautiful Bill, but I do not think they cover tonight’s ruling. However, there is perhaps risk of the GOP putting more tariff stuff in there to counter this.

Its a quote from Stalin when he was told the Pope disagreed with something. He was basically saying the pope has no enforcement mechanism, so it doesn’t matter what the Pope says.

Trump is a malignant narcissist, and people like that do not care about social rules, laws or conventions. What enforcement mechanism, that will actually be used, is going to be used to enforce this ruling? The country is in an abusive relationship with a malignant narcissist and his 77 million enablers. Strongly worded letters mean nothing, which is all a judicial ruling without enforcement is.

Excuse my ignorance I am a Brit and do not know US law.

He might be unlikely to because he it is accepting that he can not do anything he likes but what would happen if Trump accepted the ruling?

He has the congress republicans in his pocket so can he not just get congress to impose the tariffs? Does it require more than 50% to approve? How long would it take to go through?

^ This. And I am very relieved. I’m in the middle of selling a house, buying another and about to retire. And then Trump pulled the plug on the economy.

I’ve lost at least 50k because of his ignorance. Probably have lost a lot more. Shit, we have reduced the sale price of our house by over 50k. So I’ve lost probably near 100k. More than that I’m sure.

All because of one moron, his ego, and a congress that has no backbone. They all need to be reminded of who they work for ‘Hint, you won’t find them in the mirror’.

I don’t think it would take more than 50%. The issue is that it’s politically and psychologically easier to say “We’re not going to stop our President from doing this stupid thing” than it is to say “We ourselves are going to actively choose to do this stupid thing”. And the GOP has a very narrow majority in Congress, it would only take like 3 or 4 Republicans to defect to stop it passing. I’m not sure they wouldn’t cave in the end, but I can certainly see why Trump wouldn’t want to take the chance.

You’d think this would be top line front page news, but it’s down below the fold on the NY Times website. I guess there are so many outrages (the headline is about student visas getting canceled) that it’s hard to choose.

Krugman’s take on this today.

Punitive tariffs on everyone, including the penguins of uninhabited islands, have been one of the Trump administration’s signature policies, along with epic corruption and abductions by masked men claiming to be federal agents. All of these policies have involved blatant violations of the letter of the law, its spirit, or both. But there has been very little effective pushback.

So it came as a shock yesterday when the United States Court of International Trade suddenly ruled that almost everything Trump has been doing on tariffs is illegal. The Court is clearly right on the merits. But I, like many observers, thought that we were past the point where the merits of cases mattered. It’s gratifying to learn that I was wrong.

This is true, there are so many outrages, it’s hard to know what to run with. But this is important. How many billions of $ have been lost because Trump is a moron and has no clue about economics? Wharton should revoke his degree.

How many retirement accounts have been damaged? I have certainly been hurt by this fools attempt at… I don’t know what.

He is running the country like a business. One of HIS businesses (felony convictions on 34 counts of fraud. Anyone? Bueller? Bueller?)

The only way for the USA to get a modicum of respect from the world, just a tiny bit, is to impeach him.