The Federal Court of Appeals has decided President Trump does not have the power to set tariffs on imports.

 

“It said the President doesn't have authority under the International Emergency Economic Powers Act. He doesn't have the authority to impose tariffs," said Dave Salmonsen, senior director of government affairs for the American Farm Bureau Federation.  "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.”

 

Tariffs Will Remain In Place

 

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 14th," Salmonsen said.  "That's the latest date that you can petition the Supreme Court to hear a case, so we're just going to leave everything as it is. If you decide to make an appeal, then you go on. But 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.

 

"Say they decided to hear the case, it probably wouldn't come up before them until sometime in the winter, and we might not have a decision till March, April, sometime into next year," Salmonsen pointed out.  "So, this whole process, once you go to the Supreme Court, it takes time."

 

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