The Court of International Trade ruled yesterday that the president’s Section 122 tariffs are illegal — a significant rebuke of executive overreach in trade policy.
Cato Institute Research Fellow Clark Packard responded to the ruling:
Yesterday the Court of International Trade confirmed what I have consistently argued for months: the president’s Section 122 tariffs are illegal. The decision is a victory for the rule of law and the separation of powers, which is the bedrock principle of the American system of governance. The president continues to stretch statutory and constitutional authority well past their logical bounds to pursue his reckless and costly trade wars.
Policy Analyst Alfredo Carrillo Obregon also responded:
The tariffs imposed by the Trump administration pursuant to Section 122 of the Trade Act of 1974 flouted the present-day economics of the balance of payments and Congress’s intent when it crafted and passed the statute. It is reassuring that the Court of International Trade ruled against the tariffs, even if the relief it provided was relatively minor. Notwithstanding this good news, these tariffs were always meant to be a bridge between the IEEPA tariffs struck down by the Supreme Court on Feb. 20 and future tariffs imposed through other executive authorities. We can expect more tariff announcements in the coming months.
Packard and Obregon are available for comment on the ruling, its implications for the administration’s broader trade agenda, and the constitutional limits of presidential tariff authority.
You can read more commentary on tariffs here.
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.