Federal Circuit Got It Wrong, President Trump Can Impose Tariffs

Washington D.C.— This week, the America First Policy Institute (AFPI) filed an Amicus Brief regarding the pending Supreme Court case Learning Resources v. Trump, emphasizing that President Donald J. Trump lawfully holds the authority to impose tariffs under the International Emergency Economic Powers Act (IEEPA).

The Federal Circuit recently ruled that tariffs imposed under IEEPA are invalid because the phrase “regulate importation” does not include the power to issue tariffs — a claim that strips the President of a vital tool to defend American jobs and manufacturing. This interpretation is both legally flawed and harmful to America’s national interest.

Also, the circuit court was wrong to require IEEPA to include the word “taxes” among the powers given to the president. Tariffs and taxes are not the exact same things. Taxes are primarily designed to raise revenue. Tariffs are designed to protect American industries, shape trade flows, and counter unfair foreign practices. To look for one word when you mean the other is a serious mistake that threatens the tools the President needs to safeguard the American worker.

AFPI Statement:

If President Trump may prohibit imports outright, as the law plainly allows, then he certainly has the lesser power to condition entry on payment of a tariff. To suggest otherwise ignores both the statute and common sense.

What’s at Stake:

• A ruling against President Trump’s authority would cripple America’s ability to defend its manufacturing base in emergencies.
• America’s workers, small businesses, and manufacturers depend on a strong executive able to respond to unfair trade practices.

Conclusion:

AFPI urges the Supreme Court to reverse the Federal Circuit and affirm that the president has the authority under IEEPA to impose tariffs as part of regulating importation. This is essential to defending American jobs, protecting domestic industries, and ensuring that foreign competitors cannot undermine America’s economic strength.