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Cato Institute warns that the federal government is testing the limits outside the executive power President Donald Trump I hope that the use of emergency fees, and the courts will stop it.
VOS Selections, Inc. v. In the new Amicus Brief submitted to Trump, Cato argues that the president has stepped overboard his legal authority. International Emergency Economic Power Law (IEEPA) by imposing sudden tariffs on imports from countries including China, Mexico and Canada.
The libertarian think tank argues that the move undermines the separation of constitutional authority, expanding enforcement over trade in ways that Congress never intended.
“This is an important case of whether the president can essentially impose tariffs every time he wishes,” Brent Skollup, a law fellow at the Cato Institute, said in an exclusive interview with Fox News Digital. “There are restrictions. This administration doesn’t provide it.”
The Cato Institute challenges Trump’s emergency tariffs at the New Amicus Brief, claiming that the administration under Yepa will postpone powers and undermine the separation of powers (Brendan Smialowski/AFP via Getty Images)
“The tariff rate has risen to 145% for some products from China,” he said. “And the president’s lawyers were unable to provide restrictive principles. It tells us that the administration believes there is no real cap. That’s a problem.”
Kato’s simple impulse Court of Appeal I support that the lower court’s decision to discover tariffs exceeds the president’s statutory authority. The US International Trade Court held earlier this year that the President’s use of the IEEPA in this case was not legally authorized. The court said the law does not allow the use of tariffs as a general tool to combat drug trafficking and trade imbalances.
Skorup told the court that the administration cannot define clear restrictions on powers under Ieepa.
“They couldn’t make the hat clear,” he said. “There is nothing in the law that mentions obligations or duties. That is Congress work. ”
The administration defended its actions, claiming that Ieepa would provide the necessary tools for the president to act swiftly in a national emergency. Trump officials have argued that both the fentanyl crisis and the US trade vulnerability are eligible.
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Pedestrians wore hats “make America great again” outside the U.S. Supreme Court in Washington, DC on Friday, June 27, 2025. (Alison Robert/Bloomberg via Getty Images)
“There’s a real emergency and no one is disputing it,” Skollup said. “However, when we justify global tariffs or declare a state of emergency to resolve domestic trade issues, it’s far beyond what most Americans perceive as a legitimate use of an emergency.”
Skorup acknowledged that the real question could be how much discretion Congress gave the President in the first place.
“It’s a bipartisan issue. The presidents of both parties have taken away the vague laws and stretched them out. Congress is part of the responsibility to write them that way,” he said.
For small businesses like VOS Selection, costs exceed legal costs. Skorup said companies that rely on imports, like VOS, are struggling to plan ahead as tariffs have been suspended and repeated revivals.
President Donald Trump made a statement on April 2, 2025 about tariffs at Rose Garden in the White House in Washington, DC, and held a “foreign trade barrier” document. (Reuters/Carlos Barrier/File Photo)
I said there was a scolup. Some small and medium-sized businesses It relies on global imports, and unexpected changes in tariff rates result in a “survival issue.”
“VOS Selection imports wine and spirit, and if tariff rates rise unexpectedly, it will not be able to deliver products to distributors as planned,” he said. “And that applies to others, such as pipe importers and specialized manufacturers. These companies don’t have the flexibility to absorb these costs or adjust them overnight.”
If the Court of Appeals is in charge of the administration, it could mark a major expansion of the president’s power. Trade policy. Skorup warned that such a ruling would allow future presidents to act similarly with little oversight.
“We will congratulate Congress on the ability to hand over immeasurable economic strength to the President,” he said. “It would obscure the separation of power that the Constitution should protect.”
A decision from the Court of Appeal is expected later this year.
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The White House did not immediately respond to Fox News Digital’s request for comment.
