4 ms·

Trump's Global Tariffs Found Illegal by US Appeals Court

67 points by newman314 1y ago

JadeNB 1y ago
Direct link to Bloomberg: https://www.bloomberg.com/news/articles/2025-08-29/trump-s-global-tariffs-found-illegal-by-us-appeals-court https://www.bloomberg.com/news/articles/2025-08-29/trump-s-g... The first two paragraphs, which are all that show up for me: > Most of President Donald Trump’s global tariffs were ruled illegal by a federal appeals court that found he exceeded his authority by imposing them through an emergency law, but the judges let the levies stay in place while the case proceeds. > The US Court of Appeals for the Federal Circuit on Friday upheld an earlier ruling by the Court of International Trade that Trump wrongfully invoked the law to hit nations across the globe with steep tariffs. But the appellate judges said the lower court should revisit its decision to block the tariffs for everyone, rather than just the parties in the case.
- xyzzy_plugh 1y ago
  Full article: https://archive.is/jEHau https://archive.is/jEHau
dudus 1y ago
https://archive.ph/jEHau https://archive.ph/jEHau
ivape 1y ago
So, can companies begin suing the government? This seems like the only way. There’s no wiggling out of this, no? Unless the administration can re-appeal … The legal system is crazy.
- lh7777 1y ago
  The Supreme Court still gets to weigh in before companies can start asking for their money back. From the decision: > The Clerk is directed to withhold issuance of the mandate through October 14, 2025, during which the parties may file a petition for a writ of certiorari in the Supreme Court. If, within that period, any party notifies the Clerk in writing that it has filed a petition for a writ of certiorari, the Clerk is directed to withhold issuance of the mandate pending (1) the Supreme Court’s denial of certiorari or (2) a judgment of the Supreme Court if certiorari is granted. While the issuance of the mandate is withheld, the United States Court of International Trade shall take no further action in this case. https://storage.courtlistener.com/recap/gov.uscourts.cafc.23105/gov.uscourts.cafc.23105.161.0.pdf https://storage.courtlistener.com/recap/gov.uscourts.cafc.23... Edited to remove hyphens that copied in from the PDF source.
  - codingdave 1y ago
    In other words, the court handed them a process whereby the illegal tariffs keep on going into next summer.
    - ivape 1y ago
      It won’t be retroactively be illegal? It will become illegal exactly next summer?
      - Tadpole9181 1y ago
        It will be retroactively illegal and the companies can claim damages from the US government... Kinda? Federal law is now an absolute nightmare with the latest "every district is its own thing" and "unitary executive" and "presidents are immune for official acts" kind of policies. If SCOTUS does decide tariffs are illegal (which they are, objectively, irrefutably illegal for the POTUS to declare - Congress is explicitly the only branch with this power in the constitution), the US may owe hundreds of billions back to countless organizations and individuals. But we live in a country without consistent law or a reason-based government, so SCOTUS may just declare that the executive has absolute authority instead.
        tharmas 1y ago
        Wont Trump just bully the Republican members of Congress to make the tariffs legal?
      - codingdave 1y ago
        That feels like semantics at this point. If there is no enforcement on this decision, the American people are still paying the tariffs for almost a year. If SCOTUS upholds them as being illegal next summer, and even if they say people can get reparations, and even if they figure out a way to do so without creating other problems... that doesn't fix the next 10-11 months.
- Eddy_Viscosity2 1y ago
  Do you think if the companies were allowed to sue, and did actually win, that they would give back the money to customers who were then ones who ultimately paid those tarrifs through higher prices?
sltr 1y ago
> The Trump administration contends...that his decisions cannot be reviewed by any court. If Trump were a software developer, he would commit directly to main
- Tadpole9181 1y ago
  I remember living in a country where that claim alone would be grounds for bipartisan impeachment. How far we have fallen.
- Helmut10001 1y ago
  And use `push --force` all the time.
- kyriakos 1y ago
  I bet it would be to master
- Ey7NFZ3P0nzAe 1y ago
  More like he'd just rebase confusingly then push --force
- thecolorblue 1y ago
  He would cherry pick from a random branch that was never merged back in, add two commits of style changes inconsistent with the rest of the repo, then force push.
deepfriedchokes 1y ago
Tariffs might go away, but I doubt prices will go down.
ChrisArchitect 1y ago
[dupe] https://news.ycombinator.com/item?id=45069707 https://news.ycombinator.com/item?id=45069707

67 points by newman314 1y ago

Direct link to Bloomberg: https://www.bloomberg.com/news/articles/2025-08-29/trump-s-global-tariffs-found-illegal-by-us-appeals-court https://www.bloomberg.com/news/articles/2025-08-29/trump-s-g... The first two paragraphs, which are all that show up for me: > Most of President Donald Trump’s global tariffs were ruled illegal by a federal appeals court that found he exceeded his authority by imposing them through an emergency law, but the judges let the levies stay in place while the case proceeds. > The US Court of Appeals for the Federal Circuit on Friday upheld an earlier ruling by the Court of International Trade that Trump wrongfully invoked the law to hit nations across the globe with steep tariffs. But the appellate judges said the lower court should revisit its decision to block the tariffs for everyone, rather than just the parties in the case.

xyzzy_plugh 1y ago
Full article: https://archive.is/jEHau https://archive.is/jEHau

dudus 1y ago

https://archive.ph/jEHau https://archive.ph/jEHau

ivape 1y ago

So, can companies begin suing the government? This seems like the only way. There’s no wiggling out of this, no? Unless the administration can re-appeal … The legal system is crazy.

lh7777 1y ago
The Supreme Court still gets to weigh in before companies can start asking for their money back. From the decision: > The Clerk is directed to withhold issuance of the mandate through October 14, 2025, during which the parties may file a petition for a writ of certiorari in the Supreme Court. If, within that period, any party notifies the Clerk in writing that it has filed a petition for a writ of certiorari, the Clerk is directed to withhold issuance of the mandate pending (1) the Supreme Court’s denial of certiorari or (2) a judgment of the Supreme Court if certiorari is granted. While the issuance of the mandate is withheld, the United States Court of International Trade shall take no further action in this case. https://storage.courtlistener.com/recap/gov.uscourts.cafc.23105/gov.uscourts.cafc.23105.161.0.pdf https://storage.courtlistener.com/recap/gov.uscourts.cafc.23... Edited to remove hyphens that copied in from the PDF source.
- codingdave 1y ago
  In other words, the court handed them a process whereby the illegal tariffs keep on going into next summer.
  - ivape 1y ago
    It won’t be retroactively be illegal? It will become illegal exactly next summer?
    - Tadpole9181 1y ago
      It will be retroactively illegal and the companies can claim damages from the US government... Kinda? Federal law is now an absolute nightmare with the latest "every district is its own thing" and "unitary executive" and "presidents are immune for official acts" kind of policies. If SCOTUS does decide tariffs are illegal (which they are, objectively, irrefutably illegal for the POTUS to declare - Congress is explicitly the only branch with this power in the constitution), the US may owe hundreds of billions back to countless organizations and individuals. But we live in a country without consistent law or a reason-based government, so SCOTUS may just declare that the executive has absolute authority instead.
      - tharmas 1y ago
        Wont Trump just bully the Republican members of Congress to make the tariffs legal?
    - codingdave 1y ago
      That feels like semantics at this point. If there is no enforcement on this decision, the American people are still paying the tariffs for almost a year. If SCOTUS upholds them as being illegal next summer, and even if they say people can get reparations, and even if they figure out a way to do so without creating other problems... that doesn't fix the next 10-11 months.
Eddy_Viscosity2 1y ago
Do you think if the companies were allowed to sue, and did actually win, that they would give back the money to customers who were then ones who ultimately paid those tarrifs through higher prices?

sltr 1y ago

> The Trump administration contends...that his decisions cannot be reviewed by any court. If Trump were a software developer, he would commit directly to main

Tadpole9181 1y ago
I remember living in a country where that claim alone would be grounds for bipartisan impeachment. How far we have fallen.
Helmut10001 1y ago
And use `push --force` all the time.
kyriakos 1y ago
I bet it would be to master
Ey7NFZ3P0nzAe 1y ago
More like he'd just rebase confusingly then push --force
thecolorblue 1y ago
He would cherry pick from a random branch that was never merged back in, add two commits of style changes inconsistent with the rest of the repo, then force push.

deepfriedchokes 1y ago

Tariffs might go away, but I doubt prices will go down.

ChrisArchitect 1y ago

[dupe] https://news.ycombinator.com/item?id=45069707 https://news.ycombinator.com/item?id=45069707