A panel of appeals court judges on Thursday voiced deep skepticism with the Trump administration’s attempt to justify sweeping tariffs based on a national emergency. The US Court of Appeals for the Federal Circuit is hearing arguments Thursday over whether Trump’s sweeping tariffs are lawful. A group of small businesses and a coalition of states are asking the appeals court to invalidate the bulk of Trump’s tariffs, arguing that Trump overstepped his power when he invoked the rarely used International Emergency Economic Powers Act (IEEPA). At the start of Thursday’s hearing, judges on the appeals court panel questioned why Trump is relying on a law that has never been used to justify tariffs, saying that the law itself never mentions the word “tariffs” and voicing concern that the president justifying the unilateral action based on an emergency could amount to “the death knell of the Constitution.” 

Related coverage in Bloomberg by Isabel Gottlieb: What are Trump’s Options if His Tariffs are Ruled Unlawful?