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Two Federal Courts Invalidate “Reciprocal” and Other Emergency Tariffs, But Relief Paused Pending Appeal
In a landmark decision, the U.S. Court of International Trade (CIT) has ruled against President Trump’s imposition of tariffs under the International Emergency Economic Powers Act (IEEPA). In its decision (involving two consolidated cases, V.O.S. Selections, Inc. et al. v. United States of America et al. and The State of Oregon et al. v. United States Department of Homeland Security et al.), the court emphasized that the Constitution assigns the authority to set import duties to Congress, and therefore the President’s power to impose tariffs must be located in specific statutes delegating that authority to the Executive. The CIT held that IEEPA cannot be read to grant the President such power.