President Trump’s tariffs on Canada and Mexico, imposed because of fentanyl and illegal immigration, should be legally challenged. Observers worry, however, that courts will be deferential to the sweeping powers granted to the executive under the International Emergency Economic Powers Act.

This concern overlooks the fact that Trump’s executive order includes an escalation mechanism for Canada and Mexico. It allows Trump to increase his tariffs if Canada or Mexico retaliates.

This tit-for-tat is about waging a trade war, not solving a national emergency. And there’s no way to square it with the letter or spirit of the International Emergency Economic Powers Act.

Crafting a narrower argument about the........

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