ThinkTankWeekly

Federal Court Strikes Down President’s Latest Tariffs

CATO | 2026-05-09 | economy

Topics: Trade, United States, Economy

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English Summary

The US Court of International Trade ruled on May 7th that President’s latest tariffs under Section 122 of the Trade Act of 1974 were unlawful, rejecting the administration’s argument that balance-of-payments deficits justified their imposition. The court cited specific, historical methodologies for measuring BoP deficits – liquidity, official settlements, and basic balance – which were largely obsolete by the time the Trade Act was enacted and no longer tracked by the Bureau of Economic Analysis. This decision reinforces the principle that Congress must retain control over tariff authority, preventing the executive branch from unilaterally invoking such powers based on broad economic indicators. While the immediate impact of the ruling is limited due to the lack of a nationwide injunction, it represents a crucial check on executive overreach in trade policy.

中文摘要

美國國際貿易法庭於5月7日裁定,總統根據1974年貿易法第122條實施的最新關稅屬於非法,駁回了政府辯稱貿易收支赤字合理化其實施的論點。法院引用了具體的歷史方法來衡量收支赤字——流動性、官方結算和基本平衡,這些方法在1974年貿易法通過之時已過時,並未由經濟分析局追蹤。此項裁決強化了國會對關稅權力的控制原則,防止行政部門根據廣泛的經濟指標單方面行使此權力。儘管裁決的即時影響有限,因為缺乏全國範圍的強制令,但它代表了對貿易政策中行政部門過度干預的重要制衡。

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