Tariff Wars: Can Small Businesses Take Down Presidential Power?

In an unexpected showdown, the Federal Circuit Court is delving into the contentious world of tariffs in the case of VOS Selections, Inc. v. Trump. This isn’t just any case; it’s a legal brawl initiated by small businesses—yes, the ones often overshadowed by corporate giants—against what they call harmful tariffs from the Trump administration. With legal heavyweight Neal Katyal leading the charge, things are heating up as these small business champions fight back against President Trump’s so-called “Liberation Day” tariffs.

During the oral arguments, judges poked holes in the administration’s claims of unrestricted tariff authority under the International Emergency Economic Powers Act—no, it doesn’t grant the president a free pass to raise tariffs at will, despite what some may think. In fact, several judges even expressed skepticism over whether trade deficits really constitute an “unusual and extraordinary threat.” Talk about throwing shade! If decades of trade deficits don’t qualify, what exactly will?

The stakes in this situation are enormous, not just for the small business owners involved but also for everyone affected by these policies. Could this case potentially reshape how much power a president wields in economic matters? As the courts sift through legalese and precedents, one thing seems certain: we’re watching a legal drama that could redefine executive reach. And who wouldn’t tune into that?

What do you think—should any president have almost unchecked tariff powers at their fingertips? Let’s hear your thoughts!

About the Author

View All Posts