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Court Rules Against Trump's Tariffs: A Case of Overreach?

2025-05-29

A US trade court recently ruled against Donald Trump's tariffs, citing a violation of constitutional authority. The court found that the Trump administration exceeded its power under the International Emergency Economic Powers Act (IEEPA) of 1977. Both the 'worldwide retaliatory tariffs' and 'trafficking tariffs' were deemed unlawful; the former for being overly broad, the latter for lacking a demonstrable link to drug trafficking. The decision hinges on the Constitution's grant of foreign trade regulation power to Congress, and the limitations on delegation of that power as defined by the nondelegation doctrine. The Trump administration has appealed the decision, setting the stage for further legal battles over executive versus legislative power.

4th Circuit Rejects Emergency Request in Abrego García Case

2025-04-23

This post provides a line-by-line analysis of the Fourth Circuit's opinion in the case of Kilmar Armando Abrego García, a Salvadoran national deported despite a withholding of removal order. The court denied the government's motion for an emergency stay and writ of mandamus. The judge found the government's actions deprived Abrego García of due process, even with claims he was a terrorist and MS-13 member. The court emphasized that due process must be observed even if accusations are true, noting the government could seek to overturn the withholding of removal order. The ruling highlights the checks and balances between the judicial and executive branches, and the upholding of due process and the rule of law.

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