Cato legal experts are available for interviews in light of tomorrow’s oral arguments before the US Court of Appeals for the Federal Circuit in V.O.S. Selections, Inc. v. Trump.
The Cato Institute filed an amicus brief in this case arguing that it is legally untenable for a president to invoke the International Emergency Economic Powers Act (IEEPA) for tariff-setting authority.
The brief provides historical context about Congress’s constitutional role in tariff policy and the IEEPA’s original purpose. Under recent Supreme Court precedent, Loper Bright v. Raimondo (2024), courts must independently determine the best reading of a statute and not automatically defer to the executive’s interpretation.
The Court should reject the government’s position, affirm the U.S. Court of International Trade’s decision, and block the imposition of these tariffs, the brief concludes.
Additional resources:
- Policy Forum — Tariffs, Emergencies, and Presidential Power
- Blog — Legal Brief: Even in Emergencies, the President Cannot Seize Congress’s Tariff Powers
- Bloomberg Law commentary — Trump’s Tariffs Are Just the Latest Presidential Power Grab
- Multimedia — Brent Skorup discusses the amicus brief V.O.S. Selections, Inc. v. Trump on Fox News Digital
- Multimedia – Brent Skorup discusses upcoming oral arguments in V.O.S. Selections, Inc. v. Trump
If you would like to speak with one of our legal experts, please contact pr@cato.org to set up an interview.
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