A federal appeals #court is hearing arguments Thursday in a case that could kneecap Trump's global tariff regime.

#Trump has held up the case as a life-or-death moment for his #trade agenda. The plaintiffs in the case say the president has usurped the power of #Congress to set #tariffs.

#law#Constitution#SeparationOfPowers#NealKatyal
https://www.cnbc.com/2025/07/31/trump-trade-tariffs-lawsuit-hearing.html

#NealKatyal, the lawyer who is arguing against the #Trump admin, said earlier Thursday, "The president is saying he on his own with his say so can impose these tariffs."

"And that is something no president in 200 years has ever thought. The tariff power goes all the way back to the Revolutionary War &… the protests in the Boston Tea Party & the like," #Katyal said on MSNBC's "Morning Joe."

#law#Constitution#SeparationOfPowers#Congress #tariffs

"And our #Constitution was very clear in saying…there's one branch that has the #power to tariff & it isn't the president & it isn't the #courts. It's the #Congress of the #UnitedStates," Katyal said.

The case, known as V.O.S. Selections v. Trump, centers on whether #Trump exceeded his #authority by invoking an emergency-powers #law to impose a slew of far-reaching tariff policies.

#law#SeparationOfPowers#NealKatyal #tariffs

#Trump had cited that statute, the International Emergency Economic Powers Act [#IEEPA], to justify his massive "reciprocal" tariff plan, which set a nearly global 10% baseline duty while slapping higher rates on dozens of individual countries.

Trump rolled out that policy in early April, but after markets convulsed in response he quickly delayed the higher #tariffs from taking effect.

#law#Constitution#SeparationOfPowers#Congress#NealKatyal

Many of those #tariffs — including revised rates for countries that have struck agreements with the US or have been targeted by one of Trump's recent #trade letters — are set to snap back into place Friday.

#Trump also invoked #IEEPA as his authority to impose tariffs on #Canada, #Mexico & #China over alleged cross-border threats.

#law#Constitution#SeparationOfPowers#Congress#NealKatyal