Comment Re:Don't Get Too Excited (Score 4, Interesting) 227
Page 2: Held: IEEPA does not authorize the President to impose tariffs.
Page 3: The Framers gave “Congress alone” the power to impose tariffs during peacetime.
Page 10: Judge Cunningham concurred (for four judges), reasoning that IEEPA did not authorize the President to impose any tariffs.
And so on. They were pretty clear that Congress would need to give an explicit, individualized authority to impose tariffs and they cite several laws and prior opinions that use broad language that they still struck down including Biden trying to dismiss education loans. Whatever route he chooses, to be legal, will need to a specific and limited power deferred to the Executive by Congress.