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US Trade Court Strikes Down Trump’s
10 Percent Global Tariffs

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Posted By: earlybird, 5/8/2026 10:50:40 AM

The U.S. Court of International Trade on May 7 struck down President Donald Trump’s 10-percent global tariffs under the Trade Act of 1974. The court ruled 2–1 in favor of small businesses and several states that contested the tariffs, which had taken effect on Feb. 24. The dissenting judge said it was premature to rule on the dispute. The challengers had argued that the tariffs were the Trump administration’s attempt to sidestep a U.S. Supreme Court ruling that struck down the president’s tariffs levied under the International Emergency Economic Powers Act.

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Reply 1 - Posted by: bpl40 5/8/2026 10:54:17 AM (No. 2102055)
Shouldn't this be under the Constitutional discretionary powers of the POTUS? Just wondering.
15 people like this.

Reply 2 - Posted by: Jesuslover54 5/8/2026 12:13:44 PM (No. 2102099)
God forbid we should make some headway.
5 people like this.

Reply 3 - Posted by: philsner 5/8/2026 1:01:04 PM (No. 2102113)
They won't be ale to stop reasonable trade protections no matter how far left they are.
2 people like this.

Reply 4 - Posted by: Geoman 5/8/2026 1:03:21 PM (No. 2102114)
Re: #1 - No, the Constitution places tariff authority in Article 1, Section 8, giving the authority expressly to Congress, along with the power to tax and spend, to borrow, and to regulate commence - all of which are enumerated powers of Congress, being those powers specifically identified in the Constitution. Implied powers are those powers, not explicitly stated but necessary to effectuate powers enumerated in the Constitution; consequently, implied powers do not trump enumerated powers. The ability of Congress to delegate enumerated powers to the Executive Branch has always been controversial. In Supreme Court cases where the enumerated authority of Congress has been delegated to the president by legislation, the Court has upheld such delegation provided that specific limits and conditions (e.g., the intelligible principle test) be placed on such authority. "Global tariff" authority exceeds such limits and conditions and does not pass the intelligible principle test.
1 person likes this.

Reply 5 - Posted by: FlaDiver74 5/8/2026 1:05:15 PM (No. 2102115)
These idiot judges are going to Spirit Airline the country right in to the ground.
4 people like this.

Reply 6 - Posted by: J. Arthur Brown 5/8/2026 2:32:32 PM (No. 2102146)
This isn't over. The two judges who ruled against the President are Never-Trump Obama judges. The Supreme Court's ruling that the new tariffs supposedly seek to evade held that the President had used the wrong statutory authority to impose the initial tariffs and Justice Kavanaugh's opinion provided a roadmap for which authorities Trump should use in imposing future tariffs which the Administration presumably followed.
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The U.S. Court of International Trade on May 7 struck down President Donald Trump’s 10-percent global tariffs under the Trade Act of 1974. The court ruled 2–1 in favor of small businesses and several states that contested the tariffs, which had taken effect on Feb. 24. The dissenting judge said it was premature to rule on the dispute. The challengers had argued that the tariffs were the Trump administration’s attempt to sidestep a U.S. Supreme Court ruling that struck down the president’s tariffs levied under the International Emergency Economic Powers Act.
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