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LetMyPeopleVote

(180,658 posts)
Sat Apr 11, 2026, 05:36 PM Apr 11

Trump's latest tariffs face a new test in federal court

These tariffs are only legal if there is a currency devaluation issue which can no longer happen since the US is NOT on the gold standard.



https://www.nbcnews.com/politics/trump-administration/trump-tariffs-lawsuit-federal-court-ieepa-section-122-trade-act-rcna273697

NEW YORK — The centerpiece of President Donald Trump’s economic policy — sweeping taxes on global imports — is under legal assault again.

The U.S. Court of International Trade, a specialized court in New York, is hearing oral arguments Friday in an attempt to overturn the temporary tariffs Trump turned to after the Supreme Court in February struck down his preferred choice — even bigger, even more sweeping tariffs......

But Trump had alternatives. The quickest option was Section 122 of the Trade Act of 1974, which allows the president to impose global tariffs of up to 15% for 150 days, after which congressional approval is needed to extend them. After his defeat at the Supreme Court, Trump quickly announced 10% Section 122 tariffs. He said he’d raise them to the maximum 15% but hasn’t yet done so. The tariffs are scheduled to expire July 24.

Section 122 is aimed at what it calls “fundamental international payments problems.’’ At issue is whether that wording covers trade deficits, the gap between what the U.S. sells other countries and what it buys from them.

The provision arose from the financial crises that emerged in the 1960s and 1970s when the U.S. dollar was tied to gold. Other countries were dumping dollars in exchange for gold at a set rate, risking a collapse of the U.S. currency and chaos in financial markets. But the dollar is no longer linked to gold, so critics say Section 122 is obsolete.

Awkwardly for Trump, his own Justice Department argued in a court filing last year that the president had needed to invoke IEEPA because Section 122 did “not have any obvious application’’ in fighting trade deficits, which it called “conceptually distinct’’ from payments problems.

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