'Judicial tyranny': Federal court blocks 'Liberation Day' tariffs — but Trump could have last laugh



A New York-based federal court has temporarily handicapped the Trump administration, removing some of its leverage in trade wars with foreign powers.

A three-judge panel at the U.S. Court of International Trade on Wednesday voided and permanently blocked President Donald Trump's "Liberation Day" 10% baseline tariff on goods imported from most countries as well as his reciprocal tariffs on scores of individual nations.

The court unanimously held that while the president has authority to respond to national emergencies with tariffs, embargoes, and sanctions, the International Emergency Economic Powers Act he invoked "does not authorize the President to impose unbounded tariffs."

'The Worldwide and Retaliatory tariffs are thus ultra vires and contrary to law.'

The court suggested that letting Trump impose unbounded tariffs might run afoul of the Constitution's separation of powers, as the Constitution assigns Congress the power to regulate foreign commerce and impose tariffs. Critics have stressed, however, that Congress has over the years delegated much of this authority to the president and the executive branch — authority largely unchallenged until now.

"The Worldwide and Retaliatory Tariffs do not comply with the limitations Congress imposed upon the President's power to respond to balance-of-payments deficits," the court said in its opinion. "The President's assertion of tariff-making authority in the instant case, unbounded as it is by any limitation in duration or scope, exceeds any tariff authority delegated to the President under IEEPA. The Worldwide and Retaliatory tariffs are thus ultra vires and contrary to law."

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Photo by Chip Somodevilla/Getty Images

The decision halts Trump's existing IEEPA tariffs and prevents him from increasing tariffs, including the paused 145% tariff on imports from China and the recently threatened 50% tariffs on imports from the European Union. It also scraps Trump's orders applying 25% duties on Canadian and Mexican products.

The Trump administration immediately appealed the decision.

'The judicial coup is out of control.'

Since the Court of International Trade had effectively resolved two lawsuits before it in a single opinion — a lawsuit brought by the Liberty Justice Center on behalf of several businesses and a lawsuit filed by a gang of blue-state state attorneys general — the government asked the U.S. Court of Appeals for the Federal Circuit to consolidate its appeals.

Jeffrey Schwab, director of litigation at the Liberty Justice Center, said in a statement, "This ruling reaffirms that the president must act within the bounds of the law, and it protects American businesses and consumers from the destabilizing effects of volatile, unilaterally imposed tariffs."

Oregon Attorney General Dan Rayfield, one of the Democrats who fought to axe the tariffs, celebrated the ruling, stating, "President Trump's sweeping tariffs were unlawful, reckless, and economically devastating."

White House deputy chief of staff Stephen Miller noted on X, "The judicial coup is out of control."

Miller added Thursday, "We are living under a judicial tyranny."

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Photographer: Yuki Iwamura/Bloomberg via Getty Images

Regardless of whether the government is successful in its appeal, the Trump administration has other ways of pursuing its desired tariffs, including under Section 122 of the Trade Act of 1974, Section 232 of Trade Expansion Act of 1962, Sections 301 of the 1974 Trade Act, and Section 338 of the Trade Act of 1930.

Alec Phillips, managing director at Goldman Sachs, indicated that the president is authorized under Section 122 to tackle a balance-of-deficit, reported MarketWatch. Since that particular law does not demand a formal investigation or process, Trump could use it to immediately impose tariffs of up to 15%. The downside is that Section 122 tariffs are only good for 150 days.

Alternatively, the administration could apply tariffs under Section 301, although doing so would require investigations to set the stage.

"This would take longer, likely several weeks at a minimum and probably a few months to complete several investigations," said Phillips. "There is no limit on the level or duration of tariffs under Sec. 301."

'We already expect additional sectoral tariffs.'

Michelle Schulz, managing partner at Schulz Trade Law PLLC, told CNBC's "Squawk Box Europe" on Thursday, "We have had section 301 tariffs on Chinese goods even under the previous administration, which were pretty harsh. So I can imagine that the administration will look at these provisions again and see if they can use 232, or 301, or some other mechanism whereby they can enforce the tariffs."

According to Phillips, Section 338 enables Trump to impose tariffs of up to 50% on imports from nations that discriminate against the United States. While an available tool in the president's kit, it has reportedly never been used before.

Finally, Section 232 tariffs — which Trump has used for steel, aluminum, and automobiles and which were unaffected by the court's ruling — can be expanded to cover other sectors.

"We already expect additional sectoral tariffs — pharmaceuticals, semiconductors/electronics, etc. — and uncertainty regarding the IEEPA-based tariffs could lead the White House to put more emphasis on sectoral tariffs, where there is much less legal uncertainty," said Phillips.

Blaze News reached out to the Department of Commerce for comment but did not receive a response by publication.

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Trump Announces U.K. Trade Deal Hours After Media Predict Failure

When President Donald Trump announced tariffs on most countries, the propaganda press reported that he was dangerously offending allied nations like the United Kingdom. The sky was falling. It would be a disaster! And while they doubted much good would come of Trump’s strategy to renegotiate U.S. trade agreements, the media complained it was taking […]

Canada holds no cards in the trade war



President Theodore Roosevelt famously said, “Speak softly and carry a big stick.” Ontario Premier Doug Ford ignored this wisdom, threatening a 25% tariff on electricity exports to the United States.

President Trump responded with threats of tariffs of his own on Canadian steel and aluminum.

Based on Ontario, Canada, placing a 25% Tariff on “Electricity” coming into the United States, I have instructed my Secretary of Commerce to add an ADDITIONAL 25% Tariff, to 50%, on all STEEL and ALUMINUM COMING INTO THE UNITED STATES FROM CANADA, ONE OF THE HIGHEST TARIFFING NATIONS ANYWHERE IN THE WORLD. This will go into effect TOMORROW MORNING, March 12th... If other egregious, long time Tariffs are not likewise dropped by Canada, I will substantially increase, on April 2nd, the Tariffs on Cars coming into the U.S. which will, essentially, permanently shut down the automobile manufacturing business in Canada. Those cars can easily be made in the USA!

Not only does Ford speak loudly, but he carries a very tiny stick. The reality is that Canada profits enormously from trade with America and accordingly has no leverage in a trade war. President Trump should use this fact to realign trade with Canada to serve America’s best interests.

Know when to fold ’em

President Trump this week imposed a 25% tariff on Canadian steel and aluminum exports. These are no idle threats — they are existential threats to Canadian industry. This is because Canada’s steel and aluminum industries only exist to serve America’s market.

Consider that Canada exports 10 million tons of steel to the United States. This represents 82% of all Canadian steel. Canada’s aluminum industry is even more dependent on America: Some 90% of Canadian aluminum is shipped to America. Without access to America’s consumer market, Canada’s steel and aluminum industries will die — and along with them tens of thousands of lucrative jobs.

Canada’s politicians should be painfully aware of these obvious facts, but evidently, they are more concerned with scoring cheap political points than serving their people. Although we can empathize — decades of U.S. presidents from Bill Clinton to Joe Biden likewise sold out the American people — this does not mean Trump should cut Canada a break.

For decades, Canada has profited from America by engaging in predatory and parasitical trade policies — sometimes engaging in free trade and other times raising massive tariffs on American products. The policy depends on what benefits Canada the most.

For example, the North American Free Trade Agreement and its successor, the U.S.-Mexico-Canada Agreement, provide for “free trade” on many products — particularly industrial and manufactured goods. These agreements have benefited Canada at America’s expense. Why? Market asymmetries.

The cost of doing business in Canada is lower than in America, largely because the Canadian dollar is chronically weaker than the greenback. This means that American businesses can get more “bang for their buck” by building and operating factories in Windsor than in Detroit. Accordingly, “free trade” with Canada has led to the offshoring of many American factories.

Studies estimate that some 950,000 manufacturing jobs were displaced from the United States to Mexico and Canada. On top of this, at least 1 million other service jobs died when the factories moved. This is because factories — like farms or mines — are anchor industries upon which predicate industries depend.

Making matters worse, when “free trade” does not benefit Canada, the Canadian government levies huge protective tariffs. As President Trump has pointed out, these tariffs can be in the hundreds of percent, as is the case with Canadian dairy.

Trump is right: Canada cannot have it both ways. Either the two nations will work out a mutually beneficial deal, or America ought to look after its own self-interests by imposing tariffs to protect American industry and reshore America’s factories.

Lament for a nation

In “Lament for a Nation,” Canada’s greatest political philosopher, George Grant, presciently described the transformation of Canada from a highly industrialized and culturally independent bastion of traditional British civilization in America into a “branch plant” of America’s economy. That transformation is effectively complete.

The reality is that Canada’s economy is geared toward serving America. Not only are 77% of Canada’s exports destined for the United States, but Canada’s provinces actually trade more freely with their adjacent American states than they do with one another — an atavism of Canada’s constitution and somewhat archaic common law. Ontario, for example, has deeper economic ties to Michigan and Ohio than to Quebec or Alberta.

So where does this leave us? Assuming President Trump does not simply annex Canada, what does an America First trade policy look like going forward?

As I describe in my book “Reshore: How Tariffs Will Bring Our Jobs Home and Revive the American Dream,” new technologies drive long-run economic growth. Therefore, our trade and industrial policy should be geared toward concentrating as much technologically advanced — and capital-intensive — industry in America as possible. Further, we need to make sure that we have control over whole supply chains, to maximize our cut of value-added production and to protect us from an O-ring-style economic collapse.

The best approach is to impose high tariffs on all imports except raw materials or luxury goods that the U.S. cannot produce or obtain at steep discounts without risking self-sufficiency. This strategy would prioritize domestic industry while securing access to cheap resources from countries like Canada.

For example, Alberta oil trades at a steep discount because Justin Trudeau refused to build pipelines to the coasts. We should be happy to buy as much cheap oil as possible. However, we can build our own cars in Detroit, thank you very much.

Where does that leave Canada? That’s the wrong question. America’s trade policy should put American interests first — not Canada’s, not Mexico’s, and certainly not China’s. Reshoring factories and reviving the American dream depend on it.

'It's a bargain': Trump floats plan to let foreigners buy American residency for $5 million



President Donald Trump announced a plan this week to begin selling residency in the U.S. to those qualifying foreign nationals who are willing to cough up several million dollars.

"You have a green card. This is a gold card," Trump said while signing executive orders Tuesday. "We're going to be putting a price on that card of about $5 million, and that's going to give you green card privileges plus."

Trump said that his gold card initiative would not only extract a one-time lump sum payment from successful and/or wealthy migrants but prompt them to spend "a lot of money," pay full taxes, and employ locals in the United States. He indicated further that American companies could buy gold cards on behalf of foreign talent.

The president suggested that more than 1 million vetted candidates might opt in to the program in hopes of securing a pathway to citizenship. This would mean a $5 trillion payday on gold card acquisitions alone.

When discussing the program further during his Cabinet meeting Wednesday, Trump stated, "I happen to think it's going to sell like crazy. It's a bargain."

Commerce Secretary Howard Lutnick indicated that the gold card initiative would be an improvement on the existing investment visa program known as EB-5, which he said was "full of nonsense, make-believe, and fraud, and it was a way to get a green card that was low-priced."

'It's going to sell like crazy.'

Under the EB-5 program, foreign investors, their spouses, and their unmarried children under the age of 21 are eligible to apply for permanent residence if they commit to investing at least $1.05 million in a U.S.-based commercial enterprise as well as to creating or preserving 10 permanent full-time jobs for American workers.

"The president said, 'Rather than having this sort of ridiculous EB-5 program, we're going to end the EB-5 program,'" said Lutnick. "'We're going to replace it with the Trump gold card.'"

Lutnick and Trump indicated that the program would help pay down the deficit.

After Trump appeared to suggest that applicants from any nation could apply, a reporter asked whether Russian oligarchs would be eligible. The president expressed an openness but noted they're likely "not quite as wealthy as they used to be."

While the president insisted it is within his authority to replace the EB-5 visa program and institute his own, Forbes noted that the U.S. Constitution assigns Congress the authority to regulate immigration under Article 1, Section 8. Consequently, Trump's plan may face significant legal challenges even with Republicans controlling both chambers of Congress.

Numerous countries around the globe have similar golden visa programs whereby individuals can secure residence by investment. According to London-based consultancy Henley & Partners, Canada, the United Kingdom, and over 60% of EU member states have active golden visa programs.

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Exclusive: How Team Trump plans to 'Make America Wealthy Again'



Team Trump released a video Monday obtained exclusively by Blaze News highlighting President-elect Donald Trump's nominees, who the Trump team says will "Make America Wealthy Again."

Trump's nominees include Kevin Hassett for director of the National Economic Council, Howard Lutnick for secretary of commerce, and Scott Bessent for secretary of the treasury. Team Trump told Blaze News that the nominees will work in the administration to prioritize American workers and industry jobs as well as "permanently establish" Trump's tax cuts and eliminate taxes on tips, overtime, and Social Security.

'We have the potential for the Golden Age here, because if we unleash US energy independence, energy dominance, I think we have the potential here to do a massive amount of deregulation.'

"The American people gave President Trump a mandate to Make America Wealthy Again by restoring our economy to be even better than his first term," Karoline Leavitt, spokeswoman for the Trump-Vance transition team, told Blaze News.

"From Howard Lutnick and Scott Bessent's experience as transformative leaders on Wall Street to Kevin Hassett's proven policy record from President Trump's first term, these nominees are ready to invest in the American people," Leavitt continued. "Together, they form a team of economic experts dedicated to fighting for working families and Making America Wealthy Again."

Lutnick has been a "transformative leader" on Wall Street for the last 40 years. Lutnick began his career in 1983 at Cantor Fitzgerald, quickly ascending to president and CEO by the impressive age of 29. A pivotal moment in Lutnick's career was in the aftermath of the 9/11 attacks that claimed the lives of hundreds of his employees, including his brother and his best friend. As a tribute, Lutnick committed himself to rebuilding the firm to support the families of those whose lives were lost and to "provide a source of hope and strength for survivors."

Bessent, the founder and CEO of Key Group, has overseen businesses across several key industries like agriculture, hospitality, publishing, and real estate. He has also played a key role in some of the largest and most profitable trades, making him a "well-equipped" candidate to oversee the treasury.

"We have the potential for the Golden Age here, because if we unleash U.S. energy independence, energy dominance, I think we have the potential here to do a massive amount of deregulation," Bessent said in the video.

Hassett has also been at the forefront of many economic and policy debates ranging from taxes and trade to substance abuse and deregulation. Hassett also holds extensive economic credentials, including serving as the 29th chairman of the President's Council of Economic Advisers, holding a doctorate in economics from the University of Pennsylvania, and currently serving as managing director at the Milken Institute.

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Amazon alternative set to go public later this month touted as a 'patriotic parallel economy' that will enable conservatives to keep their money out of woke activists' pockets



PublicSq., a marketplace touted as a pro-life, pro-family, and pro-freedom "patriotic parallel economy," is set to go public.

This initiative is the latest effort by conservatives to divest from a liberal marketplace that appears increasingly antipathetic to their traditional values and hell-bent on their subordination.

Michael Seifert, the company's founder and CEO, announced in a webinar Monday that PublicSq. was going public through the SPAC Colombier Acquisition Corp. (NYSE: $CLBR) on July 20.

Businesswire previously reported that following the business combination, the combined company will be renamed "PSQ Holdings, Inc." and will trade on the New York Stock Exchange under the symbols "PSQH" and "PSQH WS."

According to Seifert, his marketplace will accommodate patriots "passionate about putting your values into the commerce experience, voting with your wallets, [and] supporting the small businesses that make this nations so special."

The CEO told "Just the News, No Noise" that "capital markets are in desperate need of democratization. ... Because unfortunately, the capital markets have been robbed by ESG mandated funds and DEI philosophies. And just like there's a drive for consumers to spend their money in alignment with their values, there's also an equally strong drive for investors to invest their money with companies that do not hate them and actually want to promote America. So that's what we're here to do."

Seifert suggested that the initiative was born, in part, of a reaction to woke corporations' activist responses to the Dobbs ruling.

Following the overturning of Roe v. Wade, Amazon and a number of companies that peddle their wares on its platform vowed to reimburse those employees who travel across state lines to execute their unborn children. The reality that consumers would be made complicit by way of subsidy struck Seifert as abhorrent.

Omeed Malik, CEO and chairman of Colombier Acquisition Corp., recently underscored the urgency of the initiative, telling Donald Trump Jr. on his podcast "Triggered" that "we can continue to b*** and moan like we have for over a decade, or we can actually create some solutions."

While boycotts of woke products have proven successful in recent weeks and months, as Bud Light and Ben & Jerry's have discovered the hard way, those divestitures have not necessarily translated into support for conservative brands, despite redirection efforts.

Unlike on Amazon and other marketplaces captive to woke doctrines, Seifert said that "every single one of the vendors that have joined this platform have actually agreed to respect our core values. And a majority of the businesses will then give discounts to consumers that are there just for being PublicSq. members."

PublicSq.'s stated core values are: "We will always protect the family unit and celebrate the sanctity of every life"; "We believe small businesses and the communities who support them are the backbone of our economy"; "We believe in the greatness of this Nation and will always fight to defend it"; and "Our Constitution is non-negotiable — government isn't the source of our rights, so it can't take them away."

The values are evidently not empty rhetoric. Seifert has committed to giving his employees a $5,000 "baby" bonus in the event that they have or adopt a baby, stressing, "Strong families make a strong nation."

Seifert indicated that the platform presently has over 1.1 million Americans registered as members already and over 55,000 vendors covering the full gamut of conservative needs.

"Whether you're looking for a bank, new meat, subscription boxes, or hair care products, or pants, or athletic clothing, you name it, we've got it represented on the platform," said Seifert.

Membership on the platform is free for both consumers and businesses.

For conservatives shopping outside PublicSq., Consumers' Research introduced an alert system earlier this year that helps grocery shoppers spot products peddled by corporate behemoths that have a hand in the advancement of the left's woke agenda.

TheBlaze previously reported that "Woke Alert" is a free text service that notifies shoppers which brands "put progressive activists and their dangerous agendas ahead of customers."

— (@)

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The European Union plans to phase out Russian oil entirely by the end of 2022



The European Union (EU) is moving forward to propose a ban on Russian oil by the end of 2022.

Until this ban is put into effect, the EU will continue to implement restrictions on imports of Russian oil.

The EU also plans to push for more thoroughgoing sanctions on Russia and its allies by advocating for more Russian and Belarusian banks to be cut off from the SWIFT telecommunications network. Bloomberg reported that this list of banks includes Sberbank PJSC, Russia’s largest financial institution, which has been providing a vital economic lifeline in recent months. Sberbank was previously sanctioned by the U.S. and U.K.

A decision on the new sanctions may come as soon as next week at a meeting of EU ambassadors. If the sanctions are to go into effect, this would be the sixth package of sanctions placed on Russia since it invaded Ukraine this past February.

In order for the EU to implement sanctions, all of its 27 member states must agree to enforce them in their nations. Reportedly, countries like Hungary and Germany are historically hesitant to issue restrictions on imports of Russian oil due to their nations’ dependence on it. Currently, the EU is the single largest consumer of crude oil and fuel from Russia. In 2019, almost two-thirds of crude oil imported by EU nations came from Russia.

Reportedly, an embargo on Russian oil would dramatically increase tensions between the EU and Russia as the EU tries to pressure Putin into ending his invasion of Ukraine. These sanctions are aimed at hitting Russia’s revenue from oil exports as much as possible without causing turmoil in the global marketplace. One concern is that increasing the costs of Russian oil by sanctioning it could lead to a boost in Russia’s income instead of punishing it.

An ongoing issue that the EU and Russia are experiencing is how to pay for gas that is being imported into EU member nations. With the majority of Russia’s banks being removed from the SWIFT telecommunications network, conducting business with Russian companies is harder than it once was. Making the process increasingly difficult is that Russian entities are demanding EU member states pay for their oil imports in Russian rubles, but doing so would breach sanctions currently in place.

If EU member states don’t comply and start paying for their oil imports in rubles, Russia will cease doing business with them. Poland and Bulgaria have already been cut off by Russia for failing to meet the country’s standards.

How China Exploits Commerce To Curb-Stomp The United States

America must acknowledge that every transaction with any Chinese entity may well be a deal with a genocidal regime hellbent on becoming the dominant world power.

Billionaire NBA owner Mark Cuban condemns human rights violations — but says doing business with China is A-OK



Billionaire and NBA team owner Mark Cuban spoke out in condemnation of human rights abuses on Monday, but told Megyn Kelly that he is "OK with doing business with China."

What are the details?

During Monday's episode of "The Megyn Kelly Show," Cuban — who owns the Dallas Mavericks — said that he will do business with China simply because "they are a customer."

Kelly, during the conversation, pressed Cuban as to whether he would continue to do business with China amid reports of human rights abuses, and if so, why.

Such reports include, but are not limited to, the targeting of more than 1 million Uyghur Muslims and other ethnic minorities with surveillance and detention in concentration camps.

"The question remains, why won't you and the NBA explicitly condemn that?" Kelly asked.

"I personally put a priority on domestic issues," he insisted. "I'm against human rights violations around the world."

Kelly began to push back and asked if his point of view extended to China.

He responded, "China is not the only country with human rights violations."

Kelly continued to push Cuban, and he added, "Yes, including China. Any human rights violations anywhere are wrong."

"Why would the NBA take $500 million dollars plus from a country that is engaging in ethnic cleansing?" she continued to prod.

Cuban fired back, "So basically you're saying nobody should do business with China ever?"

Undeterred, Kelly pressed, "Why won't you just answer my question?"

"Because they are a customer," he replied. "They are a customer of ours, and guess what, Megyn: I'm OK with doing business with China. And so we have to pick our battles. I wish we could solve all the world's problems. But we can't."

The NBA has been under fire since at least 2019 after Houston Rockets general manager Daryl Morey tweeted his support for pro-democracy protests in Hong Kong. In response, China's government yanked Rockets merchandise and removed some NBA games from television. Other Chinese corporations opted to end their sponsorships with the NBA altogether.

The NBA immediately issued an apology following the backlash and said the league was "extremely disappointed" in Morey's "inappropriate comment." The league also made sure to point out that Morey's tweet didn't "represent the stance of the Rockets or the NBA."

Meth bust at US-Mexico border is second largest in history

Federal customs officers working at a border crossing between California and the Mexican city of Tijuana seized 3,000 pounds of meth from a commercial truck, making it the second-largest bust in history on the United States-Mexico border.