On the day before President Donald Trump's next set of tariff hikes is set to materialize, a federal appeals court will grapple with the big, unanswered question underpinning the president's aggressive and unprecedented trade policies.
Does he really have the power to do this?
On Thursday morning, the U.S. Court of Appeals for the Federal Circuit will hear oral arguments in a case that could determine the fate of the Trump tariffs—or clear the way for a huge expansion of executive control over economic affairs. The administration is appealing a May decision from the Court of International Trade (CIT), where judges unanimously sided with a collection of small business owners and state attorneys general who challenged the president's use of emergency powers to impose tariffs on nearly all imports.
