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Ongoing reports and analysis

On Wednesday, U.S. President Donald Trump’s third attempt to levy global tariffs will face a challenge in court, after his first two attempts were ruled unlawful, including a landmark ruling earlier this year by the Supreme Court. While the latest batch of tariffs appears to rest on sturdier legal ground than the two that were struck down, they, too, will likely be ruled out of bounds by the U.S. Court of International Trade.

At issue is the implementation this summer of tariffs of between 10 percent and 12.5 percent on nearly every U.S. trading partner, ostensibly because all of them—59 countries and the European Union—fail to police the use of forced labor in their supply chains. That failing, the U.S. trade representative surmised, must somehow cause damage to U.S. companies. At the time, trade experts and lawyers saw the move for what it was: a replacement, in a new guise, for the blanket International Emergency Economic Powers Act (IEEPA) tariffs that the Supreme Court struck down in February.

On Wednesday, U.S. President Donald Trump’s third attempt to levy global tariffs will face a challenge in court, after his first two attempts were ruled unlawful, including a landmark ruling earlier this year by the Supreme Court. While the latest batch of tariffs appears to rest on sturdier legal ground than the two that were struck down, they, too, will likely be ruled out of bounds by the U.S. Court of International Trade.

At issue is the implementation this summer of tariffs........

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