Well, the unelected judiciary is back at it — this time stepping in to block President Trump’s America First trade agenda in the name of bureaucratic hair-splitting. On Wednesday, the U.S. Court of International Trade in New York ruled that President Trump exceeded his authority under the International Emergency Economic Powers Act of 1977 (IEEPA) by imposing broad tariffs on imports from China, Mexico, Canada, and just about anywhere else that’s been running up our trade deficit while exporting fentanyl and cheap junk.
Apparently, saving American jobs and securing our borders from drug-smuggling isn’t a good enough reason to impose tariffs anymore — at least not according to a three-judge panel sitting comfortably in Manhattan. And yes, it was a bipartisan bench: Judge Gary Katzmann (an Obama pick), Judge Timothy Reif (a Trump appointee), and Judge Jane Restani (from the Reagan era). But let’s be honest — that just means Trump’s own appointee caved to the establishment narrative.
The court slapped down the 30% tariffs on China, the 25% on goods from Mexico and Canada, and a 10% blanket tariff on most other imports — all of which were part of President Trump’s bold “Liberation Day” tariff strategy to rebalance global trade and protect U.S. manufacturing. But the ruling doesn’t touch the 25% tariffs on autos, steel, aluminum, and auto parts — those fall under a separate law, Section 232 of the Trade Expansion Act. Translation: Trump was right on those, but not on the rest, according to the robed class.
This comes after last week’s far more grounded ruling from U.S. District Judge T. Kent Wetherell, who sensibly acknowledged that IEEPA gives the president power to take economic action in response to national emergencies. And let’s face it — a border flooded with narcotics, and a trade deficit that guts our middle class, is an emergency. But instead of issuing a ruling himself, Wetherell punted the case to the Court of International Trade, and here we are — a pro-worker trade policy thrown into limbo by a court most Americans have never even heard of.
In classic Trump fashion, the administration didn’t waste any time and immediately filed an appeal. Good. Because the American people didn’t elect judges to set trade policy — they elected a president who actually understands the value of making things in America again. These tariffs weren’t some economic temper tantrum — they were leverage to get better deals, protect jobs, and reclaim our sovereignty.
The fight isn’t over — not even close.
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