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CIT decision vacating all IEEPA tariffs

  • On May 28, 2025, the U.S. Court of International Trade, sitting as a panel of three judges, unanimously determined that President Trump exceeded his legal authority under IEEPA by imposing certain tariffs and issued a permanent injunction preventing their enforcement.
  • The ruling followed challenges by small businesses and states arguing that IEEPA does not grant the president power to impose broad tariffs, a view echoed by a contemporaneous federal district court decision.
  • The Court emphasized that the Constitution grants the power to lay taxes and tariffs exclusively to Congress and that any delegation to the president must be clear and narrowly defined, rejecting the sweeping authority claimed under IEEPA.
  • The Court ordered administrative actions within 10 days to end the tariffs, reducing the effective rate from 10.4% to about 3.4%, while the administration immediately appealed to the Federal Circuit and plans to seek Supreme Court relief.
  • If upheld, the decision limits unilateral tariff imposition under IEEPA but leaves open other statutory routes for tariffs, suggesting ongoing legal battles and continued trade uncertainty ahead.
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insidetrade.com broke the news in on Wednesday, May 28, 2025.
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