The legality of President Trump’s tariff policy is currently uncertain. Recently, the Federal Circuit Court of Appeals decided to pause an earlier ruling that had put many of these tariffs on hold. This initial ruling came from the U.S. Court of International Trade (CIT), a specialized court that handles trade and customs matters.
Jason Kenner, an attorney who specializes in customs and trade, explained that the CIT operates under Article 3 of the Constitution. Unlike regular district courts, which are limited by geography, the CIT has nationwide jurisdiction. Its focus is specifically on trade-related issues, and its decisions can significantly impact everyday commerce in the U.S.
Kenner noted that the CIT often handles disputes about tariff classifications. Importers may argue for lower tariffs, while the government typically pushes for higher ones. The court also deals with cases involving trade fraud and other customs-related issues.
As for the current status of the case, Kenner mentioned that the CIT has already ruled on the merits of the dispute. The court found that the tariffs imposed under the International Emergency Economic Powers Act (IEEPA) were not authorized. The IEEPA allows the president to take certain actions during emergencies, which in this case were declared due to fentanyl trafficking and trade deficits.
Kenner believes that the existence of courts like the CIT is important. They ensure that government actions remain within legal boundaries, providing a check on executive power.
President Trump has indicated he might take his tariff policy to the U.S. Supreme Court. While cases related to customs don’t often reach the Supreme Court, Kenner thinks this particular case could be significant enough to warrant the Court’s attention.
As this situation unfolds, many are watching closely to see how it will affect trade practices and the broader economy.