NYCLA Officers Respond to President Trump’s Unfair Criticism of Judges on the U.S. Court of International Trade

Last week a three-judge panel of the United States Court for International Trade unanimously struck down President Trump’s tariffs, finding that under the enabling statute, the IEEPA, the urgent economic emergency that the Administration claimed was not sufficient to justify tariffs that were as broad and massive as those the President imposed. The Court relied in part on the so-called “major questions doctrine,” concluding that Congress would have to be Last week a three-judge panel of the United States Court for International Trade unanimously struck down President Trump’s tariffs, finding that under the enabling statute, the IEEPA, the urgent economic emergency that the Administration claimed was not sufficient to justify tariffs that were as broad and massive as those the President imposed. The Court relied in part on the so-called more explicit if it really intended to give the President such broad and unfettered discretion, and also on the Loper Bright decision which reversed the Chevron “deference doctrine,” to the effect that courts no longer had to defer to broad grants of discretion to agencies and the Executive Branch.

President Trump immediately took to Truth Social, asking among other things, “Is it purely a hatred of TRUMP?  What other reason could it be?”  

The “other reason” appears to be a basic reading of the enabling legislation.  It is hard to square the scope of the President’s tariffs with the concepts of emergency and urgency that the statute requires.  Trade deficits and the decline in manufacturing in our country have unfortunately been of long duration.  Billy Joel’s 1982 hit “Allentown” contains the lyric “And they’re closing all the factories down.”  Even a cursory reading of the Court’s decision makes it apparent that the decision is based on a good faith interpretation of the facts and statutory language rather than personal enmity for the President.

Indeed a close reading of the Court’s 72 page opinion makes it clear that the panel’s ruling was carefully considered, even if reasonable people, including other judges, may disagree with it.  In fact, only a day later the United States Court of Appeals for the Federal Circuit stayed the panel’s ruling pending appeal.

President Trump’s criticism of the Court ascribes much baser and more personal motives to the panel’s ruling.  The three judges on the panel were appointed by Presidents Reagan and Obama as well as President Trump himself.  It is disrespectful to the very concept of the rule of law for the President to ascribe only poor motives to the three judges who rendered their decision on good faith legal grounds.  The rule of law requires more than blind loyalty to a sitting President.

About the New York County Lawyers Association
The New York County Lawyers Association (www.nycla.org) was founded in 1908 as one of the first major bar associations in the country that admitted members without regard to race, ethnicity, religion, or gender. Since its inception, it has pioneered some of the most far-reaching and tangible reforms in American jurisprudence and has continuously played an active role in legal developments and public policy.

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