The United States has experienced a twofold increase.
The U.S. Court of Appeals for the Federal Circuit has allowed the tariffs to remain in effect until October 14, giving the Trump administration time to appeal the decision to the Supreme Court. The Supreme Court's ruling will likely determine the tariffs' fate, marking a significant political event.
The Emergency Economic Powers Act (IEEPA), enacted in 1977, was intended to limit a president's ability to impose measures under the pretext of an emergency situation. However, the text of the IEEPA does not mention tariffs or synonyms of the term.
Presidents, prior to Donald Trump's second term, had only referred to the IEEPA to impose sanctions on other countries. But Trump used the act to impose tariffs, citing trade imbalances with multiple countries.
The U.S. Federal Court of International Trade previously ruled that the tariffs were illegal, a decision affirmed by the U.S. Court of Appeals for the Federal Circuit in a 7-4 vote. This ruling could be one of President Trump's most notable political defeats since the start of the trade war.
The Supreme Court's decision on the tariffs is pending, and the specific justices involved have not yet been publicly identified. John Roberts, the chief of the Supreme Court, is considered one of the most conservative judges in the last decades.
The Supreme Court's decision in favor of the appellate decision could set a precedent for a broad interpretation of IEEPA, potentially exploited by future leaders. On the other hand, a decision in favor of the president could create conditions for a more aggressive tariff policy in the short term, as suggested by Goldman Sachs and ING.
Joe Biden referred to the IEEPA in 2022 and 2023, imposing restrictions on Russia after it began a military operation in Ukraine. The repeal of the tariffs would mean that reinstating them would require a new justification.
Predicting the Supreme Court's decision is difficult due to the vagueness of the law's formulations. Regardless of the outcome, the case will likely have far-reaching implications for the interpretation and application of the IEEPA.
Donald Trump has criticized the court's decision on the tariffs, calling it a "catastrophe for the country". The fate of the tariffs will likely be decided by the Supreme Court next.
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