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Sunday, June 8, 2025

News & Commentary: May 30 - OnLabor

In Today’s News and Commentary, Trump’s tariffs live to see another day, the Louisiana Senate is considering a bill that targets payroll deduction of union dues for public sector employees, and the Colorado Supreme Court will consider whether an employee can be fired for acting in self-defense in the workplace.

Yesterday evening, the U.S. Court of Appeals for the Federal Circuit issued a temporary administrative stay of the U.S. Court of International Trade’s (“ITC”) unanimous Wednesday ruling against Trump’s “Liberation Day” tariffs, permanently enjoining them on a nationwide basis. The three-judge ITC panel, which included appointees by Presidents Reagan, Obama, and Trump, heard two consolidated cases—V.O.S. Selections, Inc. v. United States and Oregon v. Department of Homeland Security—and considered whether the President has unlimited tariff authority under the International Emergency Economic Powers Act of 1977 (IEEPA). The ITC held that whether one “views the President’s actions through the nondelegation doctrine, through the major questions doctrine, or simply with separation of powers in mind, any interpretation of IEEPA that delegates unlimited tariff authority is unconstitutional.” The ITC then explained that a separate federal law, Section 122 of the Trade Act of 1974 permits the president to impose across the board 15% tariffs for up to 150 days in response to trade deficits. If the courts ultimately block these tariffs, Section 122 may be used for the first...



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