Tariff case pits Cato Institute against Trump over ‘unlimited’ executive power under emergency law

The Cato Institute is warning that the federal ruling body is testing the outer limits of executive power with President Donald Trump s use of exigency tariffs and it wants the courts to put a stop to it In a new amicus brief filed in V O S Selections Inc v Trump Cato argues that the president overstepped his legal authority under the International Urgency Economic Powers Act IEEPA by imposing steep tariffs on imports from countries including China Mexico and Canada The libertarian thinktank argues the move undermines the Constitution s separation of powers and expands executive authority over commerce in avenues Congress never intended This is an pivotal episode about whether the president can impose tariffs essentially whenever he wants Cato Institute legal fellow Brent Skorup announced in an particular interview with Fox News Digital There has to be a limit and this administration hasn t offered one TRUMP ADMINISTRATION PREVAILS AS APPEALS COURT PAUSES LOWER COURT DECISION BLOCKING CONTESTED TARIFFS Tariff rates went up to on chosen products from China he declared And the president s lawyers couldn t offer a limiting principle That tells you the administration believes there s no real cap and that s a matter Cato s brief urges the appeals court to uphold a lower court ruling that revealed the tariffs exceeded the president s statutory authority The U S Court of International Agreement ruled earlier this year that the president s use of IEEPA in this affair was not legally authorized The court mentioned the law does not permit the use of tariffs as a general tool to fight drug trafficking or contract imbalances Skorup noted in court the administration was unable to define a clear limit on its authority under IEEPA They couldn t articulate a cap he stated There s nothing in the law that mentions duties or tariffs That s a job for Congress The administration has defended its actions arguing that IEEPA provides the necessary tools for the president to act swiftly in times of national emergency Trump officers maintain that both the fentanyl problem and America s arrangement vulnerabilities qualify TARIFF FIGHT ESCALATES AS TRUMP APPEALS SECOND COURT LOSS There are real emergencies no one disputes that Skorup explained But declaring an exigency to justify global tariffs or solve domestic deal issues goes far beyond what majority Americans would recognize as a legitimate use of exigency powers Skorup acknowledged that the real issue may be how much discretion Congress gave the president in the first place It s a bipartisan predicament Presidents from both parties have taken vague laws and stretched them Congress bears a few of the blame for writing them that way he noted adding that's why courts should step in and draw the line For small businesses like V O S Selections the costs go beyond legal fees Skorup mentioned businesses who rely on imports like V O S have struggled to plan ahead as tariffs have been paused and reinstated repeatedly Skorup declared there are several small businesses that rely on global imports and it becomes a matter of survival when tariff rates change unexpectedly V O S Selections imports wine and spirits and when the tariff rates go up unexpectedly they can t get products to their distributors as planned he commented And that s true for others too like pipe importers and specialized manufacturers These companies don t have the flexibility to absorb those costs or adjust overnight If the appeals court sides with the administration it could mark a major expansion of presidential power over transaction initiative Skorup warned that such a ruling would allow future presidents to take similar actions with little oversight It would bless Congress ability to hand over immense economic power to the president he mentioned That would blur the separation of powers that the Constitution is supposed to protect A decision from the appeals court is expected later this year CLICK HERE TO GET THE FOX NEWS APPThe White House did not right away respond to Fox News Digital's request for comment