The trade court’s decision that Trump’s entire trade war was based on powers President Trump didn’t actually have is a big, big deal. But there are some details that are important to consider. As we’ve discussed in earlier posts, this isn’t the only law in which Congress has delegated authority over trade and tariffs to the President, a power which the Constitution gives entirely and unambiguously to Congress. In fact, this law doesn’t deal with tariff authority at all. That’s the whole point of the decision. Yes, Congress has given you a lot of authority over tariffs and trade. But not with this law, the court is saying. Just why he chose this one is important and gives us some visibility into what comes next.
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