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Appeals Court Rules Against Reciprocal Tariffs

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David Salmonsen

Senior Director, Government Affairs

Chad Smith

Associate News Service Editor, NAFB

photo credit: JAXPORT / CC BY 2.0

David Salmonsen

Senior Director, Government Affairs

Chad Smith

Associate News Service Editor, NAFB


An appeals court recently ruled against the president’s authority on tariffs. However, as Chad Smith reports, the playing field stays the same, for now.

Smith: The Federal Court of Appeals has recently decided that President Donald Trump does not have the power to set tariffs on imports based on the International Emergency Economic Powers Act. Dave Salmonsen, senior director of government affairs for the American Farm Bureau Federation, said the court decision reaffirmed an earlier decision made by a lower court.
Salmonsen: It said the President doesn't have authority under that international Emergency Economic Powers Act. He doesn't have the authority to impose tariffs. 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.
Smith: Despite the finding, the Appeals Court didn’t force the administration to call off the tariffs.
Salmonsen: The tariffs continue, but administration, you have until October 14. That's the latest date that you can petition the Supreme Court to hear a case, so we're just gonna leave everything as it is. If you decide to take an appeal, then you go on. But for right now, even though we have this decision, nothing has changed on the tariff front.
Smith: 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.
Salmonsen: Say they decide 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. So, this whole process, once you go to the Supreme Court, it takes time.
Smith: Chad Smith, Washington.

 

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