A nonprofit group wants an appeals court to consider another trade statute as it evaluates legal challenges to President Donald Trump’s sweeping “Liberation Day” tariffs.
The America First Policy Institute wrote in a friend-of-the-court brief on Tuesday that a key law wasn’t considered in a previous court decision that found Trump didn’t have unilateral authority to impose tariffs.
“The stakes of this case are enormous,” attorneys for the group wrote. “If allowed to stand, the ruling below threatens to eviscerate the foreign policy of the President of the United States and to deprive America of hundreds of billions of dollars in revenue. Before the judiciary renders a decision so consequential, it is surely essential that all relevant law be fully considered. That did not happen here.”
Attorney Jed Rubenfeld, on behalf of America First, said “the single most relevant federal statute was not considered at all.” He said the Tariff Act of 1930 expressly authorizes Trump’s tariffs.
Rubenfeld wrote that Section 338 of the Tariff Act of 1930 gives the president the power to impose tariffs on any country in any amount up to 50%, when “the president shall find as a fact that any foreign country places any burden or disadvantage” on United States commerce. The attorney said no prior investigation or action by any agency is required.
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Author: Ray Hilbrich
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