The U.S. Supreme Court in February struck down the Trump administration’s “Liberation Day” tariffs as illegal and unconstitutional. Soon thereafter, the administration invoked a different provision of federal law to impose new tariffs. Now, the U.S. Court of International Trade, which has jurisdiction over these issues, has ruled that the administration’s second effort to impose tariffs under this different legal provision is also flawed.
But before American small businesses and consumers can breathe a sigh of relief, the administration is likely to appeal. And instead of using the Supreme Court’s decision as cover for a retreat from tariffs, the administration seems committed to pursuing unpopular policies that are bad for an economy which is also seeing consumer prices spike because of events in the Middle East.
Even if the president’s effort to impose ill-advised tariffs on American businesses and consumers should ultimately fail once again in the courts, the administration is determined to press on. It has commenced steps designed to impose tariffs under more and different provisions of federal law.
And at some point, Trump will likely succeed.
This is a preview of Ray Brescia’s latest column. Read the full column here.
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