Skip to main content
May 7, 2026court rulingtrade policyconstitutional lawimport dutiesjudicial reviewtrade policyjudicial reviewseparation of powers

Court of International Trade strikes down Trump Section 122 tariffs 2-1

A three-judge Court of International Trade panel ruled 2-1 that Trump's 10% global tariff under Section 122 exceeded presidential authority. Chief Judge Mark A. Barnett and Judge Claire R. Kelly held that a goods trade deficit does not constitute a balance-of-payments deficit under the statute; accepting the administration's reading would grant unlimited tariff power. Judge Timothy C. Stanceu dissented, arguing Congress intended broad presidential discretion. The court issued a permanent injunction for the named plaintiffs and the State of Washington only, declining nationwide relief.