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The US Court of Appeal ruled that most tariffs issued by US President Donald Trump are illegal, creating a potential legal expense that could increase his foreign policy program.
The solution affects Trump’s “reciprocal” tariffs imposed on most countries around the world, as well as other tariffs hit by China, Mexico and Canada.
In a decision 7-4, the Court of Appeal of the US Court of Appeal rejected Trump’s argument that tariffs were authorized under the Emergency Economic Forces Act, calling them “invalid to the contradiction of the law.”
The decision will not take effect until October 14 to give the administration time to ask the Supreme Court to take the case.
Trump criticizes the court and his decision on social truth, saying, “If it is left to stand, that decision will literally destroy the United States of America.”
“Today, a very guerrilla Court of Appeal has incorrectly stated that our rates should be removed, but they know that the United States will eventually win,” he writes.
“If these tariffs have ever disappeared, it would be a complete disaster for the country. It would make us financially weak and we must be strong.”
He added that other countries have imposed US tariffs and predicts that the decision will be overturned by the Supreme Court.
Trump justified the tariffs under the International Emergency Emergency Act (IEEPA), which gives the President the power to act against “unusual and unusual” threats.
Trump has declared a national emergency about trade, arguing that trade imbalances are harmful to US national security. However, the court ruled that the imposition of tariffs was not within the president’s term and that they were the “main power of congress”.
In its decision, the US Court of Justice for the Federal Circle rejected Trump’s argument that the tariffs had been resolved according to its emergency economic forces, calling the levies “invalid by contrary to the law.”
The decision of 127 pages says IEEPA “neither mentions tariffs (or any of its synonyms), nor have procedural precautions that contain clear restrictions on the President’s power to impose tariffs.”
Therefore, the powers to impose taxes and tariffs continue to belong to Congress, the court ruled and IEEPA does not cancel it.
The court writes that it was unlikely when Congress adopted the law in 1977, it was intended to “deviate from its last practice and to provide the president with an unlimited body to impose tariffs.”
“Every time the Congress intends to delegate to the president of the authority to impose tariffs, it does it explicitly or by using unequivocal conditions such as a tariff and obligation, or through a comprehensive structure, which becomes clear that the congress has the rates,” the judges wrote.
The decision comes in response to two lawsuits brought by the small business and a coalition from US countries.
The court cases were filed after Trump’s executive orders in May, which imposed a 10% tariff for each country in the world, as well as “reciprocal” tariffs for dozens of countries. Trump has announced the date of America’s “Liberation Day” by unfair commercial policies.
In addition to these tariffs, the solution also reduces the tariffs for Canada, Mexico and China, which Trump claims to be necessary to stop importing drugs and illegal migrants.
The decision on Friday does not apply to other tariffs, such as those imposed on steel and aluminum imposed in a different presidential body.
In May, the New York -based international trade court announced that the rates were illegal. This decision was detained for