
"Rarely do issues before the Supreme Court make it to commercials during the World Series. But in the first two games between the Dodgers and the Blue Jays, there were commercials from the Province of Ontario consisting of a 1987 radio address from President Ronald Reagan strongly denouncing tariffs. On Nov. 5, the legality of President Donald Trump's tariffs will come before the Supreme Court in two consolidated cases."
"In both cases, the lower federal courts held that President Trump lacked the legal authority to impose massive tariffs. In Learning Resources Inc. v. Trump, the United States District Court for the District of Columbia invalidated the tariffs and the Supreme Court agreed to take the case without it being heard by the United States Court of Appeals for the District of Columbia Circuit. In Trump v. V.O.S. Selections, the United States Court of Appeals for the Federal Circuit, in a 7-4 en banc ruling, ruled against the Trump tariffs."
"It is estimated that at this point about $1 trillion in tariffs have been collected. After the United States Court of Appeals for the Federal Circuit invalidated most of the tariffs, President Trump said that their invalidation "would be a total disaster for the country" and "would literally destroy the United States of America." In its brief to the Supreme Court, the Trump administration says, "To the president ..., these cases present a stark choice: With tariffs, we are a rich nation; without tariffs, we are a poor nation. ... Suddenly revoking the president's tariff authority under IEEPA [International Emergency Economic Powers Act]," he warns, "would have catastrophic consequences for our national security, foreign policy and economy.""
Two consolidated Supreme Court cases will decide whether the president may lawfully impose large tariffs without clear statutory authority, with the merits set for Nov. 5. Lower federal courts, including the D.C. District Court and the Federal Circuit en banc, invalidated the tariffs on the ground that the president lacked legal authority. Approximately $1 trillion in tariffs have been collected. President Trump called invalidation a "total disaster" that would "literally destroy" the country, and the administration warned that revoking IEEPA tariff authority would have catastrophic national security, foreign policy, and economic consequences. The dispute centers on statutory interpretation of IEEPA and related trade laws.
 Read at ABA Journal
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