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***Breaking*** U S Trade Court Blocks All TSF Tariffs (Original Post) DemocratSinceBirth May 2025 OP
Do they have any power to enforce their ruling? Irish_Dem May 2025 #1
I think no one has to pay as long as it is blocked Johonny May 2025 #3
It will be easy for Trump to get Congress to make the tariffs official. Irish_Dem May 2025 #4
Congress is very unlikely to pass TSF's tariffs DemocratSinceBirth May 2025 #7
It is quite likely the GOP congress will cave just like they always do. Irish_Dem May 2025 #11
No, but we have plenty of data to suggest that Congress is great at doing nothing. tritsofme May 2025 #16
Certainly true for a republican led Congress BaronChocula May 2025 #34
They never fail to kiss Trump's ass. Never. Irish_Dem May 2025 #49
Unless they can give Trump the power through videohead5 May 2025 #25
Wasn't the filibuster killed recently? Easterncedar May 2025 #27
Filibuster? Parliamentarian? markodochartaigh May 2025 #30
I agree with you that the sycophantic congress markodochartaigh May 2025 #26
They act like they don't care what the voters think. Irish_Dem May 2025 #50
I really don't think a lot of them do. ShazzieB May 2025 #54
We also know that they are being bribed and given help rigging elections. Irish_Dem May 2025 #55
Maybe, but they have a thin majority in the House fujiyamasan May 2025 #44
This message was self-deleted by its author Irish_Dem May 2025 #12
IMO, they won't enact specific tariffs but are likely to try to cede their authority to 47. pat_k May 2025 #45
It is also easy to bribe said agents Johonny May 2025 #13
Just like in China, Russia, North Korea. Corruption is rampant across the board, everywhere. Irish_Dem May 2025 #17
Force Trump to do it through legislation Bluetus May 2025 #36
Will go to United States Court of Appeals for the Federal Circuit next pat_k May 2025 #29
Trump will just ignore it. Irish_Dem May 2025 #51
Yes. James48 May 2025 #40
Splat...catsup hits wall. SheltieLover May 2025 #2
I am predicting a level 1 ketchup alert LetMyPeopleVote May 2025 #6
Indictment size SheltieLover May 2025 #8
Right. Susan Collin's frown line will get 1mm deeper for 10 seconds, and then go back to just being ugly. erronis May 2025 #23
No doubt. SheltieLover May 2025 #48
Federal court says Trump doesn't have the power to impose tariffs unilaterally LetMyPeopleVote May 2025 #5
Oh no! Court told mam baby no? SheltieLover May 2025 #9
Actually it's only the tariffs under the International Emergency something something law Fiendish Thingy May 2025 #10
examples? NJCher May 2025 #31
Was listening to legal "expert" on CNN. He said the court ruled that an "economic crisis" as not intent of law trump Silent Type May 2025 #14
If this is true, it seems like a pretty significant development (nine member court with nationwide jurisdiction). waterwatcher123 May 2025 #15
It IS major, and something the SCOTUS won't dare overturn. ancianita May 2025 #20
Here's an AP link ancianita May 2025 #18
SERIOUSLY....I'M DONE HERE, IT'S ONLY WEDNESDAY, AND I'M DRUNK, and STONED..... a kennedy May 2025 #19
Hey - the way I look at it 75 is a pretty good and ripe age. Keep on keeping on. erronis May 2025 #24
take a break from the abject stupidity NJCher May 2025 #32
GOOD NEWS!!!! elleng May 2025 #21
Can't wait for the meltdown orangecrush May 2025 #22
hahahah NJCher May 2025 #33
I hope to see it orangecrush May 2025 #46
We're at ketchup alert 5! Initech May 2025 #39
"red" alert! orangecrush May 2025 #47
What the hell does the rest of the world think? Trump is the schoolyard bully who has just had his wrists slapped Doodley May 2025 #28
Bwaaaaaaah malaise May 2025 #35
Sounds to me like someone may have allegedly committed Unofficial Acts bucolic_frolic May 2025 #37
Excellent! Fuck you Donny! Initech May 2025 #38
S&P index up 1.6% in after hours fujiyamasan May 2025 #41
Sombody's gonna get mad Pas-de-Calais May 2025 #42
Investigation of the Federal Trade Court begins Totally Tunsie May 2025 #43
Per Bloomberg TV: The WH has already said they will appeal it, and the WH has asked for a "stay". JohnSJ May 2025 #52
According to Reuters and AP, not *all* tariffs: sl8 May 2025 #53
US appeals court just reinstated tariffs Greg_In_SF May 2025 #56
More MAGA hot garbage, 1 too many corps wanted this uponit7771 May 2025 #58
In order to get a stay of the ruling on tariffs, trump's attorneys had to promise to refund all tariffs LetMyPeopleVote May 2025 #57

Johonny

(25,464 posts)
3. I think no one has to pay as long as it is blocked
Wed May 28, 2025, 07:21 PM
May 2025

It is probably a nightmare for costumes agents. As there are certain legal congress passed tariffs etc which one assumes wouldn't be blocked and of course we can assume agents will be told to break the law.

Irish_Dem

(79,818 posts)
4. It will be easy for Trump to get Congress to make the tariffs official.
Wed May 28, 2025, 07:28 PM
May 2025

And easy to fire all custom agents who do not comply.

Irish_Dem

(79,818 posts)
11. It is quite likely the GOP congress will cave just like they always do.
Wed May 28, 2025, 07:42 PM
May 2025

Past behavior is the best predictor of future behavior.

We have no data to suggest congress will grow a spine and do the right thing.

tritsofme

(19,797 posts)
16. No, but we have plenty of data to suggest that Congress is great at doing nothing.
Wed May 28, 2025, 07:46 PM
May 2025

Never bet against Congress failing to do something.

BaronChocula

(4,031 posts)
34. Certainly true for a republican led Congress
Wed May 28, 2025, 09:03 PM
May 2025

Unless they repeal and rescind healthy policy.

videohead5

(2,873 posts)
25. Unless they can give Trump the power through
Wed May 28, 2025, 08:25 PM
May 2025

Reconciliation, it would face a filibuster in the Senate.

markodochartaigh

(5,029 posts)
26. I agree with you that the sycophantic congress
Wed May 28, 2025, 08:36 PM
May 2025

will probably go along, especially when Trump's billionaire's boys club threatens to primary them. But the silver lining is that if they do go along with these stupid tariffs and it tanks the economy the Democratic politicians can hammer this over and over as the Republican recession. The Republican third won't understand or care, but it may wake up some in the ignorant and apathetic middle.

ShazzieB

(22,214 posts)
54. I really don't think a lot of them do.
Thu May 29, 2025, 11:53 AM
May 2025

Or at least they care more about their ability to get reelected than anything else. They're all individuals, and I think some of them do care about about what their voters think to some degree (or at least started out that way), but too many seem to have forgotten that their job is actually supposed to be representing the needs of their constituents. (Example: voting for Medicaid cuts when they know that X% of their constituents rely on Medicaid to survive.)

Right now, their priorities are completely messed up. They're not just failing to take a stand for some very important things; they're actively doing the reverse by voting to pass things like the above-mentioned Medicaid cuts that are bound to harm some of their voters. I think most of them are in survival mode and are doing what Schlump wants, even in cases where they disagree with him, because they're so deathly afraid that he'll get them primaried and cause them to lose their seats to whatever challenger he endorses. It's pretty pathetic.

I also don't think we should discount the possibility of threats on their lives and the safety of their families. But either way, it's a sad situation.

Irish_Dem

(79,818 posts)
55. We also know that they are being bribed and given help rigging elections.
Thu May 29, 2025, 12:44 PM
May 2025

Some of them spout Putin/Russian talking points all the time.
Some of them seem to mysteriously win elections. Or their primary and full election opponents seem to run into bad luck.

fujiyamasan

(1,227 posts)
44. Maybe, but they have a thin majority in the House
Wed May 28, 2025, 10:08 PM
May 2025

And the tariffs aren’t particularly popular in swing districts or even in red districts, especially those heavily dependent on agricultural exports.

Trump’s earlier strength on the economy started to recede after his tariffs caused a lot market chaos. This trade court ruling could save a few of these reps. It gives them cover both from not having to defy Trump and well, not doing anything. That’s something they’re really good at.

Response to DemocratSinceBirth (Reply #7)

pat_k

(12,665 posts)
45. IMO, they won't enact specific tariffs but are likely to try to cede their authority to 47.
Wed May 28, 2025, 10:23 PM
May 2025

If higher court decisions affirm the trade court's, you can bet that he will be demanding they grant him unlimited tariff authority in the MAGA Murder Budget.

Another complication for Thune and Johnson, but arms will be twisted.

The only thing that could save us is a serious show of opposition from the public.

They need to be more frightened of their voters sending them packing then they are of the threat of a primary challenge financed by unlimited funds from his enforcer Musk. (And if his enforcer is actually breaking ranks on this, that could seriously erode 47's hold on some of the sycophants. )

Johonny

(25,464 posts)
13. It is also easy to bribe said agents
Wed May 28, 2025, 07:43 PM
May 2025

The other problem with 140% tariffs. At some point it is easier to bribe the official than pay the tariff. And in an environment where white collar crime is being pardoned left an right . . .

Trump is creating an environment that invites open corruption and we should expect open corruption and fraud.

Irish_Dem

(79,818 posts)
17. Just like in China, Russia, North Korea. Corruption is rampant across the board, everywhere.
Wed May 28, 2025, 07:49 PM
May 2025

A well known story about Russia:

A Russian military officer finds out that one of his men has been stealing and selling all the tires off the jeeps.
The officer beats the man almost to death.
Not because he was stealing tires, but because the officer didn't get a cut of the theft proceeds.

Trump is making sure crime pays, he is openly corrupt and yes it will quickly become the norm.

Bluetus

(2,300 posts)
36. Force Trump to do it through legislation
Wed May 28, 2025, 09:09 PM
May 2025

That is the only legal way short of a national emergency from an invasion.

If Trump has to get legislation passed, he won't be able to jack the markets around daily.

pat_k

(12,665 posts)
29. Will go to United States Court of Appeals for the Federal Circuit next
Wed May 28, 2025, 08:39 PM
May 2025
https://www.cafc.uscourts.gov/

On edit: Actually, I'm guessing 47 will try to skip over the Fed. Cir and file another emergency motion to SCOTUS.


Per Wikipedia:

United States Court of Appeals for the Federal Circuit (in case citations, Fed. Cir. or C.A.F.C.) is one of the 13 United States courts of appeals. It has special appellate jurisdiction over certain categories of cases in the U.S. federal court system. Specifically, it has exclusive appellate jurisdiction over all U.S. federal cases involving patents, trademark registrations, government contracts, veterans' benefits, public safety officers' benefits, federal employees' benefits, and various other types of cases.[1] The Federal Circuit has no jurisdiction over any criminal, bankruptcy, immigration, or U.S. state law cases. It is headquartered at the Howard T. Markey National Courts Building in Washington, D.C.


FWIW, no Trump appointees on this court

United States Court of Appeals for the Federal

Kimberly A. Moore, Chief Circuit Judge (Reagan)
Pauline Newman, Circuit Judge (Reagan)
Haldane Robert Mayer, Circuit Judge (Reagan)
S. Jay Plager, Circuit Judge (H.W. Bush)
Alan D. Lourie, Circuit Judge (H.W. Bush)
Raymond C. Clevenger, III, Circuit Judge (H.W. Bush)
Alvin A. Schall, Circuit Judge (H.W. Bush)
William C. Bryson, Circuit Judge (Clinton)
Richard Linn, Circuit Judge (Clinton)
Timothy B. Dyk, Circuit Judge (Clinton)
Sharon Prost, Circuit Judge (G.W. Bush)
Jimmie V. Reyna, Circuit Judge (Obama)
Evan J. Wallach, Circuit Judge (Obama)
Richard G. Taranto, Circuit Judge (Obama)
Raymond T. Chen, Circuit Judge (Obama)
Todd M. Hughes, Circuit Judge (Obama)
Kara F. Stoll, Circuit Judge (Obama)
Tiffany P. Cunningham, Circuit Judge (Biden)
Leonard P. Stark, Circuit Judge (Biden)

James48

(5,094 posts)
40. Yes.
Wed May 28, 2025, 09:43 PM
May 2025

They are probably the only court that DOES have the power to say that what he is doing isn’t legal under the normal exercise of the law. It’s not an emergency.

SheltieLover

(76,806 posts)
2. Splat...catsup hits wall.
Wed May 28, 2025, 07:14 PM
May 2025

Who knows, this one might even come with a limp dick finger wag & a sternly worded warning.

erronis

(22,660 posts)
23. Right. Susan Collin's frown line will get 1mm deeper for 10 seconds, and then go back to just being ugly.
Wed May 28, 2025, 08:20 PM
May 2025

LetMyPeopleVote

(174,961 posts)
5. Federal court says Trump doesn't have the power to impose tariffs unilaterally
Wed May 28, 2025, 07:30 PM
May 2025

This will be fun to watch. trump has no statutory authority to impose tariffs

Federal court says Trump doesn’t have the power to impose tariffs unilaterally

A federal court has determined that President Donald Trump does not have the authority to unilaterally impose tariffs, dealing a sweeping blow to the president's main weapon in his ongoing global trade war. A panel of…

(@surajworld.bsky.social) 2025-05-28T23:27:07Z

https://abcnews.go.com/Politics/federal-court-trump-power-impose-tariffs-unilaterally/story


A federal court has determined that President Donald Trump does not have the authority to unilaterally impose tariffs, dealing a sweeping blow to the president's main weapon in his ongoing global trade war.

A panel of judges on the U.S. Court of International Trade found the tariffs were unlawful and permanently vacated them.

Since Trump announced sweeping tariffs on more than 50 countries in April, his administration has faced half a dozen lawsuits challenging the president's ability to impose tariffs without the approval of Congress.

The Court of International Trade issued its ruling in a case brought by a group of five small businesses who argued that Trump's tariffs are an "unprecedented power grab."

Lawyers for the small businesses alleged that the International Emergency Economic Powers Act -- which Trump invoked to impose the tariffs -- does not give the president the right to issue "across-the-board worldwide tariffs," and that Trump's justification for the tariffs was invalid.

Fiendish Thingy

(22,049 posts)
10. Actually it's only the tariffs under the International Emergency something something law
Wed May 28, 2025, 07:40 PM
May 2025

Other tariffs imposed outside the so-called “fentynal” emergency are not affected by this ruling,

 

Silent Type

(12,412 posts)
14. Was listening to legal "expert" on CNN. He said the court ruled that an "economic crisis" as not intent of law trump
Wed May 28, 2025, 07:44 PM
May 2025

has been using to levy tariffs as Prez. In other words, Congress hasn’t given him authority to levy tariffs without Congress in this situation.

The 3 judges were appointed by Reagan, Obama, and trump.

I’m sure trump will run around for years claiming the courts stopped him from making Americans rich if decision holds. Fingers crossed.

waterwatcher123

(462 posts)
15. If this is true, it seems like a pretty significant development (nine member court with nationwide jurisdiction).
Wed May 28, 2025, 07:46 PM
May 2025

"The United States Court of International Trade, established under Article III of the Constitution, has nationwide jurisdiction over civil actions arising out of the customs and international trade laws of the United States."

"The judges, who are appointed for life, as are all judges of Article III courts, may be designated and assigned temporarily by the Chief Justice of the United States to perform judicial duties in a United States Court of Appeals or a United States District Court."
(https://www.cit.uscourts.gov/about-court)

ancianita

(42,896 posts)
18. Here's an AP link
Wed May 28, 2025, 07:50 PM
May 2025
https://apnews.com/article/trump-tariffs-trade-court-0392dbd59f548e49ad4f64254ae3f94a

The ruling from a three-judge panel at the New York-based U.S. Court of International Trade came after several lawsuits arguing Trump has exceeded his authority and left the country’s trade policy dependent on his whims.


https://en.wikipedia.org/wiki/United_States_Court_of_International_Trade
The court's subject matter jurisdiction is limited to particular questions in international trade and customs law, though it may also decide any civil action against the U.S. government, its officers, or its agencies arising out of any law connected to international trade. As an Article III tribunal, the U.S. Court of International Trade can decide controversies in both law and equity, and is thus allowed to grant relief in virtually all means available, including money judgments, writs of mandamus, and preliminary or permanent injunctions.

a kennedy

(35,300 posts)
19. SERIOUSLY....I'M DONE HERE, IT'S ONLY WEDNESDAY, AND I'M DRUNK, and STONED.....
Wed May 28, 2025, 07:51 PM
May 2025

and just read today smoking weed is just about as bad as smoking tobacco. Gawd damn it……...I quit smoking tobacco on 5-2-10. I thought I could smoke some weed until I die. I’m gonna be 75 on Sept 12. Gawd damn it……I hate it here. I hate what this Country has become….i absolutely HATE WHAT I HAVE BECOME. HELP, HELP, HELP. Most of all I’ve said, and I’ve said it a bazillion times before………I TOTALLY AND ABSOLUTELY DESPISE the orange piece of shit AND ALL THE GAWD DAMN MAGA, REPUBLICANS who have let him do this to our DEMOCRACY!!! 🤬. 🤬. 🤬.

erronis

(22,660 posts)
24. Hey - the way I look at it 75 is a pretty good and ripe age. Keep on keeping on.
Wed May 28, 2025, 08:24 PM
May 2025

Several of us are ahead of you doing what we do.

If we can, stick it to "the man". And we all know who we mean.

NJCher

(42,475 posts)
32. take a break from the abject stupidity
Wed May 28, 2025, 08:53 PM
May 2025

and tune into the Scripps National Spelling Bee. It's such a joy to see intelligent life, especially coming from middle schoolers. That's what I'm doing tonight, anyway.

This decision, however, is the high point of my day and I've had a pretty good day!

Thanks to DemocratSinceBirth for bringing us this happy news.

NJCher

(42,475 posts)
33. hahahah
Wed May 28, 2025, 08:56 PM
May 2025

I was just thinking the same.

And that I don't want to be the one to wander into the swamp known as "truth" social to copy and paste the mispelled, all-caps meltdown.

Someone with larger wading boots than I, please?

Doodley

(11,635 posts)
28. What the hell does the rest of the world think? Trump is the schoolyard bully who has just had his wrists slapped
Wed May 28, 2025, 08:39 PM
May 2025

by the headteacher. His clowns will appeal, but he has been completely undermined and humiliated. Get ready for the meltdown of all meltdowns.

bucolic_frolic

(54,049 posts)
37. Sounds to me like someone may have allegedly committed Unofficial Acts
Wed May 28, 2025, 09:12 PM
May 2025

Would someone please ring SCOTUS? TIA

Totally Tunsie

(11,576 posts)
43. Investigation of the Federal Trade Court begins
Wed May 28, 2025, 10:03 PM
May 2025

in 3...2...1.

"Hello, McDonald's. Gimme 6 hamburders with LOTS of extra ketchup STAT!"

 

JohnSJ

(98,883 posts)
52. Per Bloomberg TV: The WH has already said they will appeal it, and the WH has asked for a "stay".
Thu May 29, 2025, 05:34 AM
May 2025

No doubt the sociopath is also going to try to get congress to give him the power, try to use another tool, and he may go as far as ignore the ruling.


"“This ruling represents a setback for the administration’s tariff plans and increases uncertainty but might not change the final outcome for most major US trading partners,” chief US political economist Alec Phillips wrote. “For now, we expect the Trump administration will find other ways to impose tariffs.”

The alternatives include the use of Section 232 levies, referring to the charges on steel, aluminum and auto imports on national security grounds. If all the pending investigations result in 25% tariffs and are added to current levies under the section, that would add 7.6 percentage points alone, they said.

The trade court in Manhattan, siding with a group of small businesses and Democratic-led states, ruled on Wednesday that Trump wrongfully used an emergency law to impose tariffs on global trading partners. A panel of three judges gave Trump’s team 10 days to halt tariff collection in a decision that the White House has already appealed."


https://www.bloomberg.com/news/articles/2025-05-29/trump-can-offset-tariff-ruling-with-other-tools-goldman-says?srnd=homepage-americas


sl8

(16,993 posts)
53. According to Reuters and AP, not *all* tariffs:
Thu May 29, 2025, 06:34 AM
May 2025
https://www.reuters.com/world/us/us-court-blocks-trumps-liberation-day-tariffs-2025-05-28/

The court invalidated with immediate effect all of Trump's orders on tariffs since January that were rooted in the International Emergency Economic Powers Act (IEEPA), a law meant to address "unusual and extraordinary" threats during a national emergency.

The court was not asked to address some industry-specific tariffs Trump has issued on automobiles, steel and aluminum, using a different statute.




https://apnews.com/article/trump-tariffs-trade-court-0392dbd59f548e49ad4f64254ae3f94a


“The Worldwide and Retaliatory Tariff Orders exceed any authority granted to the President by IEEPA to regulate importation by means of tariffs,” the court wrote, referring to the 1977 International Emergency Economic Powers Act.

The ruling left in place any tariffs that Trump put in place using his Section 232 powers from the Trade Expansion Act of 1962. He put a 25% tax on most imported autos and parts, as well as on all foreign-made steel and aluminum. Those tariffs depend on a Commerce Department investigation that reveals national security risks from imported products.


LetMyPeopleVote

(174,961 posts)
57. In order to get a stay of the ruling on tariffs, trump's attorneys had to promise to refund all tariffs
Fri May 30, 2025, 09:27 AM
May 2025

trump's attorneys had to make the legal commitment to refund all tariffs in order to get a stay of the rulings on trump's tariffs. The court of appeals issued the stay of the two injunctions based on the agreement by the trump administration to refund all tariffs if the ruling of these two courts are upheld on appeal. 






BREAKING - Trump admin pledges to refund tariffs: Donald Trump’s Justice Department persuaded the U.S. Court of Appeals to stay the lower court’s injunction on his emergency tariffs—after pledging to refund anyone who paid them if it ultimately loses. In its filings, the government stated, “If tariffs imposed on plaintiffs during these appeals are ultimately held unlawful, then the government will issue refunds to plaintiffs, including any post-judgment interest that accrues.” The court granted the stay.


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