With a characteristic blend of dry wit and pointed criticism, Louisiana Senator John Kennedy on Wednesday lampooned a federal court’s decision to block President Donald Trump’s “Liberation Day” tariffs, sarcastically feigning surprise at judicial intervention in policy matters.
A unanimous three-judge panel of the U.S. Court of International Trade (CIT) on Wednesday delivered a significant setback to President Donald Trump’s tariff policies, ruling the so-called “Liberation Day” tariffs unlawful.
The tariffs, imposed by Trump on April 2, 2025, under a declared “national emergency,” were challenged by the Liberty Justice Center and five small businesses in the case of V.O.S. Selections, Inc. v. Trump.
The court found that the International Emergency Economic Powers Act (IEEPA) does not grant the President unlimited unilateral power to impose tariffs. The ruling emphasized that interpreting IEEPA to give the President such broad authority – applicable to any country, at any rate, and at any time – would likely violate the U.S. Constitution’s separation of powers, which explicitly grants Congress the authority to regulate commerce and impose tariffs.
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While acknowledging that Congress can delegate some tariff authority to the President, the CIT stressed that such delegation must be clear and include defined limitations. The court rejected the Trump administration’s interpretation of IEEPA to avoid potential constitutional conflicts.
The implications of the ruling extend beyond the “Liberation Day” tariffs, potentially impacting all tariffs imposed by the Trump administration under IEEPA. This includes previous levies on goods from China, Mexico, and Canada. The court’s opinion also referenced a related case, State of Oregon v. U.S. Department of Homeland Security.
Appearing on “The Ingraham Angle” Wednesday evening, Republican Louisiana Senator John Kennedy reacted to the news with sarcasm.
“You mean that a federal judge has intervened with the other two branches’ ability to make policy? I’m shocked. That hasn’t happened since yesterday,” Kennedy teased. He predicted the decision would be appealed, stating, “I think it’s pretty clear that the president has tariff authority. Congress gave it to him.”
READ: Court Strikes Down Trump’s “Liberation Day” Tariffs, Rules President Overstepped Authority
Kennedy added, “Now, you can debate whether that was a prudent move or not, but I think it’s pretty clear that he has tariff authority.”
Host Laura Ingraham noted the composition of the three-judge panel, which included two Republican appointees and one Biden appointee, and highlighted that the ruling focused on the use of the IEEPA statute. “This is gonna be challenging,” she remarked, acknowledging the legal battle ahead.
Senator Kennedy agreed and pointed to the likelihood of a Supreme Court review.
“Well, sooner or later, the Supreme Court is going to have to address this,” he stated. “Those who oppose the executive branch and those who oppose the legislative branch and are seeking recourse in the courts are at some point going to dig up more snakes than they can kill.”
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