Matt Ford, New Republic - The most interesting lawsuit against the Trump administration right now, in my view, is V.O.S. Selections v. Trump. A group of small businesses is challenging the president’s authority to levy tariffs via the International Emergency Economic Powers Act of 1974, or IEEPA. They argue that President Donald Trump’s sweeping restrictions on nearly every imported good go far beyond what Congress had authorized in the law.
The U.S. Court of International Trade sided with the businesses in May and ruled that the tariffs were blatantly unlawful. “Regardless of whether the court views the President’s actions through the nondelegation doctrine, through the major questions doctrine, or simply with separation of powers in mind, any interpretation of IEEPA that delegates unlimited tariff authority is unconstitutional,” the court explained in an unsigned opinion.
The Trump administration swiftly appealed the ruling to the Federal Circuit Court of Appeals, which reviews decisions from the specialized federal trial courts. (The government can continue to collect the tariffs while the lawsuit unfolds.) Now it appears that the Justice Department is openly afraid that it might lose the case and bring down the central pillar of Trump’s economic agenda—such as it is. More
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