General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsBREAKING: Appeals court rejects Trump's authority to impose sweeping tariffs under IEEPA.
By a 7-4 vote, the full Federal Circuit has *affirmed* a lower-court ruling holding that many of President Trumpâs tariffs exceed his statutory authority.
— Steve Vladeck (@stevevladeck.bsky.social) 2025-08-29T21:48:28.799Z
The ruling wonât go into effect until October 14, thoughâwhich gives the Trump administration plenty of time to seek intervention from #SCOTUS:
BREAKING: Appeals court rejects Trumpâs authority to impose sweeping tariffs under IEEPA. storage.courtlistener.com/recap/gov.us...
— Kyle Cheney (@kyledcheney.bsky.social) 2025-08-29T21:31:55.391Z
The ruling, however, doesnât take effect immediately. The court withheld the mandate for its decision until *Oct. 14*
— Kyle Cheney (@kyledcheney.bsky.social) 2025-08-29T21:42:06.173Z
BREAKING: Federal appeals court rejects Trump's sweeping tariff moves. 7-4. Doc: storage.courtlistener.com/recap/gov.us...
— Josh Gerstein (@joshgerstein.bsky.social) 2025-08-29T21:34:06.396Z
malaise
(297,884 posts)HUGE!
newdeal2
(5,594 posts)Thanks for using common sense. Thank you for your attention to this matter!
MichMan
(17,389 posts)Blues Heron
(9,019 posts)MichMan
(17,389 posts)In the meantime, India has a 38% tariff on US tractors and 100% on US made cars
senseandsensibility
(25,497 posts)Great show. Neal Katyal, who argued the case, is being interviewed.
spanone
(142,049 posts)malaise
(297,884 posts)https://www.nbcnews.com/business/business-news/trump-tariffs-lawsuit-appeals-court-ruling-what-to-know-rcna223915
Slobby attacked the courts because apparently his word is law
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We said they were illegal months ago
senseandsensibility
(25,497 posts)This is big news.
LetMyPeopleVote
(181,929 posts)trump and company promised the courts that they would refund any tariffs if they lose as a condition of the appeal of the first judgment. Lawyers are advising people and businesses on what information may be needed to get a refund of tariffs
Link to tweet
https://news.bloomberglaw.com/in-house-counsel/tariff-payment-paper-trail-is-critical-for-building-refund-case
Whether companies get a refund, how much gets refunded, and the process for getting money back to companies all hinge on the outcome of the litigation.
A lot is riding on this case, both for the future as well as for the tariffs that have been collected already, said Ginger Faulk, a partner at Eversheds Sutherland who leads the firms US and global sanctions practices.....
If the court declares the tariffs were entirely illegal, its almost certain that levies already paid would be eligible for a refund, said Michael Lowell, chair of Reed Smiths global regulatory enforcement group.
The decision could also be more nuanced than a simple yes or no, Gamalski said. For example, the court could point to particular stretches of time when the legal status of the tariffs changed. It could rule that the national emergency justification for using IEEPA to impose tariffs was valid for some countries, but not others.
Any of those outcomes could require companies to more finely parse out what they paid and when, she added.
Meanwhile, lawyers said, its also not clear if refund payments would be issued automatically, or if companies would need to calculate what theyre owed and file for their refunds themselves.
You should have all of your data ready because you might be going for everything; you might be having to isolate some of that, Gamalski said. And if you are starting at square zero of pulling everything together, its going to be just that much harder.
Collecting the refund of the tariffs will be interesting and fun to watch