In NCLA Amicus Win, en Banc Federal Circuit Rules Trump's Emergency Tariffs Are Unlawful

Core Argument - The U.S. Court of Appeals for the Federal Circuit ruled that President Trump's unilateral imposition of tariffs under the International Emergency Economic Powers Act (IEEPA) is unlawful, affirming that IEEPA does not grant the President authority to impose tariffs [1][2][3] Summary by Sections Legal Ruling - The Federal Circuit's decision validates the New Civil Liberties Alliance's (NCLA) argument that IEEPA does not authorize any tariffs, only defensive actions like sanctions or asset freezes [2] - The court did not explicitly rule on whether IEEPA includes any tariff power but confirmed that the extensive emergency tariff actions taken by President Trump are not authorized [1][3] Implications of the Ruling - The judgment vacated the U.S. Court of International Trade's (CIT) injunction that blocked the enforcement of the emergency tariffs, remanding the case for the CIT to decide on a nationwide injunction [3] - The government has previously argued that the legality of IEEPA tariffs should be litigated in the CIT, and now that it has lost, it should not avoid a nationwide injunction [3] Statements from NCLA - NCLA expressed satisfaction with the ruling, emphasizing that future decisions should conclude that IEEPA does not authorize any tariffs [4] - The organization highlighted that this ruling is consistent with previous court decisions that have deemed unilateral Executive Branch taxes imposed without congressional approval as unlawful [4] - NCLA called for a "universal" injunction due to the number of countries affected by the tariffs [4]