The short answer to that question: appeal to the Supreme Court. The longer answer, especially in time: appeal to Congress. Right now, both appear to have the same prospects … somewhere between slim and none.
Yesterday, the Court of International Trade — yes, we actually have one — overruled Donald Trump’s attempts to vastly expand tariffs against most of the country’s trading partners. Trump had declared a national emergency over the trade deficit and issued a blizzard of new tariffs, claiming authority under the International Emergency Economic Powers Act of 1977 (IEEPA). Unfortunately for Trump, the three-judge panel doesn’t read the IEEPA as a carte blanche on either emergency declarations or plenary authority on tariff applications.
In a per curiam order, the court set aside the tariffs challenged in the action before them, and likely will apply…