The U.S. Court of International Trade struck down Trump's 10% global tariffs in a 2-1 decision Thursday, ruling them "unlawful" and ordering refunds plus interest to businesses within five days, per CBS News. The 88-page ruling found that Section 122 of the Trade Act of 1974 — the legal hook the White House grabbed after the Supreme Court's 6-3 IEEPA ruling earlier this year — does not authorize the duties either. Said the panel: "Defendants do not explain why they should be permitted to continue the unlawful collection of Section 122 duties from Importer Plaintiffs for the duration of the imposition of such duties."
The long pattern here is instructive: every time a president has reached for emergency economic powers without congressional authorization — from Truman's steel seizure in 1952 to Nixon's wage-price controls — the courts have eventually drawn the line. What's unusual now is the speed. Two distinct statutory theories, two judicial defeats, in under a calendar year.