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Colgate 64

(14,870 posts)
Wed May 28, 2025, 10:27 PM May 28

Federal Court of Trade blocks all Trump tariffs

This discussion thread was locked as off-topic by Lasher (a host of the Latest Breaking News forum).

Source: Laurence O'Donnell MSNBC 10:00 EST

O'Donnell just reported that the Federal Court of Trade unanimously declared Trump's tariffs unconstitutional and granted summary judgement to the Plaintiffs, the Attorneys General of 17 states that had sued the Trump Administration saying that Trump's abuse of tariffs was unconstitutional. The Court of Trade agreed, stating that the power ceded to the President by Congress re setting tariffs was unconstitutional and that all his tariffs were without legal effect.

No link yet.



About time a court put an end to this s-show of madness our would-be Emperor has been evidencing. A stunning victory for sanity and a crushing defeat for America's Victor Orban
8 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies

BOSSHOG

(42,802 posts)
1. Trump is relieved
Wed May 28, 2025, 10:36 PM
May 28

As are small businesses, big businesses and US consumers. Trump because he can blame the court, and make himself out to be the victim.

And it’s off to the golf course.

Silent Type

(10,009 posts)
2. Really hoping it holds, but trump will go berserk claiming courts kept him from making everybody richer than our
Wed May 28, 2025, 10:39 PM
May 28

wildest dreams. He’ll be blasting everyone next few days, unless another court jumps in.

Ruling sounds solid so far, but it ain’t over.

Wonder if Congress could give trump the power to continue his tariff shakedown? But that would take awhile and no guarantee it would get through.

Totally Tunsie

(10,943 posts)
3. Investigation of the Federal Trade Court begins
Wed May 28, 2025, 10:47 PM
May 28

in 3...2...1.

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

unblock

(55,219 posts)
4. Yay! Thinking to the next round, I think they can try again.
Wed May 28, 2025, 11:08 PM
May 28

Obviously they can appeal and we'll see how that turns out.


Regardless, through, I think they can just write a new executive order and better try to address the court's concerns.

They ruled as a matter of law, so it appears they neglected to address certain points they needed to. So if they just add something supposedly addressing those points, then at least it becomes a matter of fact, not law, as to whether or not the orders deal with the threats need to in order to be valid under law.

If nothing else, that would mean the next round takes longer.

Time works in the executive branch's favor in the sense that a Donnie can implement something illegal and it impacts the real world before the courts can act. He can impose a tariff and negotiate for a plane or whatever he wants, and remove it before the court says hey you can't do that.

He just needs to paper it up better.

SunSeeker

(56,013 posts)
5. There's plenty of links now. Please update.
Thu May 29, 2025, 12:40 AM
May 29

pat_k

(11,337 posts)
6. Link, FYI on next stop, and implications to the MAGA Murder Budget
Thu May 29, 2025, 02:54 AM
May 29

Lawrence O’Donnell does a great job explaining the summary judgement from the U.S. Court of International Trade.

See below the video for info on the next stop, the U.S. Court of Appeals for the Federal Circuit, and a few thoughts on the implications for the MAGA Murder Budget (massive tariff revenue is assumed).



AI Overview

Subject Matter Jurisdiction:
The Federal Circuit has nationwide jurisdiction over certain types of appeals, including those from the U.S. Court of International Trade.

Specialized Jurisdiction:
The Federal Circuit is unique because its jurisdiction is based on the subject matter of the case, rather than geography.

Appeals from the U.S. Court of International Trade:
The Federal Circuit hears appeals from final decisions of the U.S. Court of International Trade.


FWIW, there are no Trump appointees on this court

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)


As per VOX

These higher courts (Fed Cir and SCOTUS) could potentially reveal fairly soon whether they think the tariffs are legal. In an order accompanying the trade court’s decision, the court announces that “within 10 calendar days necessary administrative orders to effectuate the permanent injunction shall issue.” So, if no higher court steps in, Trump’s tariffs will cease to exist very soon.


The 47 regime will undoubtedly try to jump over the Federal Circuit and go straight to SCOTUS with an emergency appeal. I don't know if they will get away with it. Stay tuned.

Final point: As Doodley pointed out, given that the MAGA Murder Budget relies on massive tariff revenue (in addition to massive cuts to Medicare, SNAP, etc.) to pay for the trillions in tax cuts to the wealthiest Americans, this development could kill the current version. IMO, if the decision holds, 47 will be demanding congress enact tariffs as part of the Murder Budget, seriously complicating things for Thune and Johnson.

JohnSJ

(98,862 posts)
7. No one should be surprised that his group of thugs will appeal this all the way to the SC eventually, and
Thu May 29, 2025, 03:16 AM
May 29

no one know what that clown show will rule.


Lasher

(28,932 posts)
8. Locking.
Thu May 29, 2025, 04:31 AM
May 29

This is a LBN duplicate. Further, there is no link to the cited article.

Please continue reading in this earlier LBN thread.

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