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

The Cato Institute is warning that the federal establishment is testing the outer limits of executive power with President Donald Trump s use of urgency 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 Crisis 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 deal in approaches Congress never intended This is an pivotal situation about whether the president can impose tariffs essentially whenever he wants Cato Institute legal fellow Brent Skorup stated in an unique 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 particular products from China he stated 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 issue Cato s brief urges the appeals court to uphold a lower court ruling that exposed the tariffs exceeded the president s statutory authority The U S Court of International Business ruled earlier this year that the president s use of IEEPA in this event 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 business imbalances Skorup revealed in court the administration was unable to define a clear limit on its authority under IEEPA They couldn t articulate a cap he noted 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 crisis Trump functionaries maintain that both the fentanyl problem and America s bargain vulnerabilities qualify TARIFF FIGHT ESCALATES AS TRUMP APPEALS SECOND COURT LOSS There are real emergencies no one disputes that Skorup revealed But declaring an exigency to justify global tariffs or solve domestic commerce issues goes far beyond what preponderance Americans would recognize as a legitimate use of urgency powers Skorup acknowledged that the real issue may be how much discretion Congress gave the president in the first place It s a bipartisan challenge Presidents from both parties have taken vague laws and stretched them Congress bears particular of the blame for writing them that way he mentioned 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 declared businesses who rely on imports like V O S have struggled to plan ahead as tariffs have been paused and reinstated repeatedly Skorup noted 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 explained 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 exchange program 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 explained 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