Toronto Star: Unlike the International Emergency Economic Powers Act, which Trump used to issue his Liberation Day tariffs against dozens of countries, Section 338 explicitly gives the U.S. president power to levy tariffs. But that authority isn’t unfettered, meaning the latest tariffs would almost certainly get struck down too, said D.C.-based trade lawyer Marc Wheat.
“At least tariffs are mentioned in this legislation. But he still has to jump over the hoop of whether it’s unreasonable … and has a disproportionate impact that puts the U.S. at a disadvantage compared to other nations,” said Wheat, general counsel at Advancing American Freedom, a free market think tank. “I just don’t think that that can be found.”…