Legal & Regulatory Landscape - A federal appeals court ruled President Trump overstepped his authority imposing tariffs [1] - The court decision favors the argument that tariff decisions belong to Congress, not the President [2] - The administration has until October 14th to decide whether to appeal to the Supreme Court or go to Congress [18] - The Supreme Court previously ruled that Congress must affirmatively authorize rules, referencing the 1950 steel mill seizure case [7][8] Potential Business Impact - Businesses are in a difficult position, needing clarity on tariff rules for long-term planning [13][15] - Some businesses are considering manufacturing in the US due to the tariffs, while others are waiting for the situation to resolve [13][14] - The legality of tariffs collected is questioned, with potential for refund actions if the ruling stands [10][11] Presidential Powers & Limitations - The President has limited power to impose a 15% temporary tariff for 150 days under Section 122 of the Trade Act [17] - The tariffs imposed exceeded the President's power by being up to 50% or even 150% and indefinite [17]
Our founders gave decisions over tariffs and taxes to Congress, not the president: Neal Katyal
CNBC Televisionยท2025-09-02 13:01