Benesch Transportation & Logistics Practice Group Vice Chair Jonathan Todd was quoted in Logistics Management regarding the U.S. Court of Appeals for the Federal Circuit’s recent ruling that the majority of tariffs imposed by the White House under the International Emergency Economic Powers Act (IEEPA) are illegal. The decision follows a similar ruling in May by the U.S. Court of International Trade, which also found that the administration had misused IEEPA to implement global tariffs.
Jonathan noted that at the heart of these rulings is a constitutional question - whether IEEPA grants the President blanket authority to impose tariffs on a global scale. “You have these two cases and rulings and also an appeal to the deferral appeals court, and alongside this, you have the White House press secretary making comments about how the administration is displeased with unelected judges essentially doing what judges do,” Jonathan explained. “It really is a constitutional issue, and the question is, which body in our government holds tariff authority and to what degree can it be delegated?”
The decision has left businesses and importers navigating ongoing uncertainty as tariffs remain temporarily in place until Oct. 14, which will give the White House time to appeal its case to the Supreme Court.
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