Federal Court of Trade blocks all Trump tariffs

[pat_k]

6. Link, FYI on next stop, and implications to the MAGA Murder Budget

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.