Defending tariffs in US court, Trump administration says legal setback would put India–Pakistan ceasefire at risk
Defending the use of emergency powers to impose sweeping tariffs, senior officials in President Donald Trump's administration have told the US Court of International Trade last week that a legal setback limiting Trump's emergency tariff powers would disrupt trade deals the US is pursuing and jeopardise the ceasefire between India and Pakistan, court filings showed.
The lawsuit — which could have a widespread impact on global trade — was filed by small business owners in the US against the Trump administration. They argued in court that Trump's use of the International Emergency Economic Powers Act (IEEPA) is unlawful because US federal law does not authorise presidents to impose tariffs, court documents showed.
'A ruling that narrows IEEPA would have ripple effects across every domain in which economic instruments are used for strategic effect. For example, India and Pakistan- two nuclear powers engaged in combat operations just 13 days ago- reached a tenuous ceasefire on May 10, 2025. This ceasefire was only achieved after President Trump interceded and offered both nations trading access with the United States to avert a full-scale war. An adverse ruling that constrains presidential power in this case could lead India and Pakistan to question the validity of President Trump's offer, threatening the security of an entire region and the lives of millions,' US Secretary of Commerce, Howard Lutnick said in his submission to the court on May 23.
According to the court filings dated May 24, the Trump administration said: '…the United States tactfully brokered a ceasefire in an escalating confrontation between two nuclear powers, India and Pakistan. The United States is also navigating and addressing a range of extremely consequential threats, from strategic acquisitions to naval drills to the export of deadly substances.'
United States Secretary of State Marco Rubio told the court that trade negotiations are currently in a delicate state, with discussions ongoing and final deals yet to be reached, adding that these negotiations are 'premised on the ability of the President to impose tariffs under IEEPA.
On Trump's claim on trade, India's Ministry of External Affairs' official spokesperson Randhir Jaiswal had said on May 13: 'From the time Op Sindoor commenced on 07 May till the understanding on cessation of firing and military action on 10 May, there were conversations between Indian and US leaders on the evolving military situation. The issue of trade did not come up in any of these discussions.'
This assumes significance as India is negotiating a trade deal and is expected to sign an interim agreement within the 90-day reciprocal tariff pause window. Under the agreement, the US has sought access to several sectors that traditionally enjoy high protection, such as agriculture, automobiles, and alcoholic beverages.
'The success of the Nation, in these endeavours and into the future, is built off the dispatch and unitary nature of the executive, girded by necessary tools.
The International Emergency Economic Powers Act (IEEPA), and President Trump's tariff actions under that Act, is one of those critical tools. The consequences of judicial intervention would be cascading and devastating, as declarations from four Cabinet Secretaries explain,' filings in the US Court of International Trade quoting the Trump administration stated.
The Trump administration told the court that through tariffs, the President has also 'imposed leverage on foreign trading partners', so that these countries will address the 'tariff and non-tariff barriers' that have created an untenable US goods trade deficit and have 'hollowed out the United States' manufacturing and defence-industrial base'.
'In the President's judgment, the tariffs themselves will also reduce the United States' trade deficit, increase US manufacturing infrastructure, and strengthen America's defence-industrial base. And any attempt by the judiciary to second-guess the President on these national-security matters would be unprecedented, unravel the progress the President has achieved, and have far-reaching consequences to the United States' foreign, economic, and national-security posture,' a Trump official told the court.
Rubio also warned the court that if it were to stop the President from imposing tariffs, 'US trade partners would likely believe that the President lacks power under IEEPA to promptly respond to their actions during the ongoing negotiations'.
'They may also perceive such a ruling as a vulnerability and encourage them to retaliate against the United States for attempting to impose tariffs and negotiate agreements to protect our national security. Notably, other countries declined to retaliate against the United States after the President made clear he would exercise his authority under IEEPA to impose additional tariffs, as he did with China,' Rubio said.
India and the US had decided to conclude the first phase of the proposed bilateral trade agreement by the autumn (September–October) of this year. However, both sides have now agreed on an interim trade deal before the first tranche, to be finalised by 9 July.
Nonetheless, Trump has continued his tariff rhetoric targeting India. After Apple announced that a majority of iPhones to be sold in the US would be produced in India, Trump said that Apple would have to pay a 25 per cent tariff if it sold iPhones in the US that are built in India or elsewhere.
Trump also stated that he had told Apple CEO Tim Cook he does not want the company to expand its manufacturing operations in India unless it is to serve the Indian domestic market.
Moreover, an April report by the Office of the United States Trade Representative (USTR) criticised various Indian trade barriers, including 'localised internet shutdowns that disrupt commercial operations' and regulations requiring that 'dairy products intended for food must be derived from animals that have not consumed feed containing blood meal'.
'India requires that dairy products intended for food be derived from animals that have not consumed feed containing internal organs, blood meal, or tissues of ruminant or porcine origin, and that exporting countries certify to these conditions, which lack a discernible animal health or human health justification,' the report said.
Ravi Dutta Mishra is a Principal Correspondent with The Indian Express, covering policy issues related to trade, commerce, and banking. He has over five years of experience and has previously worked with Mint, CNBC-TV18, and other news outlets. ... Read More
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
India.com
15 minutes ago
- India.com
Pak Generals Want Conflict To Remain Relevant: Ravi Shankar In Germany
BJP MP and leader of the all-party delegation Ravi Shankar Prasad on Saturday launched a scathing attack on Pakistan's military establishment for supporting terrorism, saying that its Generals want conflicts to remain relevant and use terrorists as a tool to destabilise India. Addressing a community event with the Indian diaspora in Berlin, Prasad pointed out that while both India and Pakistan were born on the same day, the former has made remarkable progress in IT and space, in contrast to Islamabad. "India and Pakistan were born the same day. Where are we in India, and where are they (Pakistan)? India has become a major global IT power in the world. India has become an emerging space power in the world. The startup movements here are now globally recognised. India has also become the second biggest mobile phone manufacturer in the world. We have brought digital transformation with equity and justice," ANI quoted Prasad as saying. Prasad claimed that Pakistan only knows how to prepare world-class terrorists under its military leadership. He said that wherever there is a terrorist, he is either a Pakistani or trained in Pakistan. "What Pakistan is doing is creating terror machines. How to create world-class terrorists under their (military) Generals. They attacked us four times and lost every time. We never attacked; they were the ones who always started the war. It is because they are under the control of Generals and not political leaders. Generals want conflict to keep themselves relevant, and terrorists are the instruments through which they execute. Wherever there is a terrorist, either he is a Pakistani or trained in Pakistan," he added. Prasad also spoke about the April 22 Pahalgam terror attack and India's decisive response through Operation Sindoor on May 7, noting that Operation Sindoor remains paused but ready to resume based on Pakistan's actions. "Pahalgam attack happened on April 22. We attacked on May 7 and hit the terrorist camps. If Pakistan has to talk, it must directly speak to us. Our message was stern and straight: If you stop, we stop. If you fire, we will give a stronger reply. Operation Sindoor is on pause, subject to the good behaviour of Pakistan. It has not ended," he stated. An all-party delegation, led by Ravi Shankar Prasad, is currently visiting Germany as part of the Indian government's initiative to engage with key partner nations, including members of the United Nations Security Council (UNSC) to convey India's resolute and united stand against terrorism. This initiative follows the tragic April 22 terror attack in Pahalgam, Jammu and Kashmir, where 26 innocent civilians lost their lives to gunfire from terrorists. The Delegation includes BJP MPs Daggubati Purandeswari and Samik Bhattacharya, Congress MP Amar Singh and Gulam Ali Khatana, Shiv Sena (UBT) MP Priyanka Chaturvedi, AIADMK MP M Thambidurai, former Union Minister MJ Akbar and former diplomat Pankaj Saran. The delegation arrived in Germany after concluding their visit to Belgium to convey India's resolute and united stand against terrorism.
Time of India
17 minutes ago
- Time of India
Jewish groups in US line up to oppose Trump anti-Semitism strategy
US Jewish groups are unified over the need to fight mounting anti-Semitic incidents across the country, but many are bitterly opposed to how President Donald Trump is seeking to counter the scourge. A string of incidents has targeted Jews in the United States in recent weeks. Two Israeli embassy workers were murdered in Washington, Molotov cocktails were thrown at an event in Colorado, and tensions persist on university campuses. The conservative Heritage Foundation think-tank, behind the "Project 2025" roadmap for radically overhauling and shrinking the government, published in October " Project Esther " -- a blueprint on combatting anti-Semitism. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Play War Thunder now for free War Thunder Play Now Undo The project seeks to "dismantle" so-called "anti-Israel," "anti-Zionist," or "pro-Palestinian" organizations allegedly part of a "Hamas support network" that has "infiltrated" universities including Columbia and Harvard. The text advocates the dismissal of professors, barring some foreign students from campuses, expelling others outright, and withholding public funding from universities. Live Events Robert Greenway, a Project Esther co-author, recently told The New York Times it was "no coincidence that we called for a series of actions to take place privately and publicly, and they are now happening." The Heritage Foundation refused an interview request. Stefanie Fox, director of Jewish Voice for Peace (JVP), said "Project Esther sets out a blueprint for the Trump administration to sharpen the legal regimes that will best advance (his) 'Make America Great Again' goals." The JVP, a Jewish organization that leads demonstrations against "genocide" in Gaza, is named in Project Esther as a member of the so-called Hamas support network. "These assumptions are baseless, paranoid, laughable," said Fox, whose group is on the left. 'Weaponizing' anti-Semitism? Although 89 percent of the 7.2 million US Jews say they are concerned about anti-Semitism, 64 percent disapprove of Trump's efforts to combat it, according to a recent Jewish Voters Resource Center poll. "There is anti-Semitism on those campuses... But to give the broad claim that the thrust to fight anti-Semitism is to go after higher education is just absolutely ridiculous," said Kevin Rachlin. He is a prominent figure in the Nexus Project formed in opposition to Project Esther that seeks to counter anti-Semitism without impairing freedom of speech. Trump's strategy "doesn't keep Jews safe." Rather, it seeks to separate the Jewish minority from others in the country and ignores right-wing anti-Semitism, Rachlin argues. "We as Jews are safer when we're in coalition with other groups and other minorities," he said, adding that combatting anti-Semitism through education was more viable than targeting universities. Traditional Jewish groups have aligned more with Trump's Republicans and Israeli Prime Minister Benjamin Netanyahu, unlike the "majority" of American Jews, claims author Eric Alterman. "What's happened in Gaza has been very hard for most American Jews -- particularly young American Jews -- to stomach. Young American Jews are now roughly evenly divided between supporting Israel and supporting the Palestinians," he told AFP. Alterman added most US Jews are not anti-Zionist -- but don't like the war in Gaza or Israel's West Bank strategy. "They're kind of caught in the middle." Some Jewish groups warn that when Trump targets higher education purportedly combatting anti-Semitism, he is actually "weaponizing" the sensitive issue to stifle freedom of expression. In recent weeks, ten major Jewish organizations criticized the Trump administration in a letter, saying they reject the "false choice" between "Jewish safety" and "democracy." "There should be no doubt that anti-Semitism is rising" but access to "higher education, and strong democratic norms... have allowed American Jewry to thrive for hundreds of years," the letter states. One of the signatories, rabbi and former ambassador for religious freedom David Saperstein, said there was "appreciation" for Trump prioritizing anti-Semitic violence and rhetoric -- but opposed the clampdown on universities, media and judges. He added: "Ironically, they are targeting democratic institutions that have given the Jewry in America more rights, more freedom, more opportunities than we have ever known in our 2,600 years of diasporic history."
Time of India
17 minutes ago
- Time of India
Vance says Musk making a 'huge mistake' in going after Trump but also tries to downplay the attacks
Vice President JD Vance said Elon Musk was making a "huge mistake" going after President Donald Trump in a storm of bitter and inflammatory social media posts after a falling out between the two men. But the vice president, in an interview released Friday after the very public blow up between the world's richest man and arguably the world's most powerful, also tried to downplay Musk's blistering attacks as an "emotional guy" who got frustrated. "I hope that eventually Elon comes back into the fold. Maybe that's not possible now because he's gone so nuclear," Vance said. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like New Container Houses Indonesia (Prices May Surprise You) Container House | Search ads Search Now Undo Vance's comments come as other Republicans in recent days have urged the two men, who months ago were close allies spending significant time together, to mend fences . Musk's torrent of social media posts attacking Trump came as the president portrayed him as disgruntled and "CRAZY" and threatened to cut the government contracts held by his businesses. Live Events Musk, who runs electric vehicle maker Tesla, internet company Starlink and rocket company SpaceX, lambasted Trump's centerpiece tax cuts and spending bill but also suggested Trump should be impeached and claimed without evidence that the government was concealing information about the president's association with infamous pedophile Jeffrey Epstein. "Look, it happens to everybody," Vance said in the interview. "I've flown off the handle way worse than Elon Musk did in the last 24 hours." Vance made the comments in an interview with " manosphere" comedian Theo Von, who last month joked about snorting drugs off a mixed-race baby and the sexuality of men in the U.S. Navy when he opened for Trump at a military base in Qatar. The vice president told Von that as Musk for days was calling on social media for Congress to kill Trump's "Big Beautiful Bill," the president was "getting a little frustrated, feeling like some of the criticisms were unfair coming from Elon, but I think has been very restrained because the president doesn't think that he needs to be in a blood feud with Elon Musk." "I actually think if Elon chilled out a little bit, everything would be fine," he added. Musk appeared by Saturday morning to have deleted his posts about Epstein. The interview was taped Thursday as Musk's posts were unfurling on X, the social media network the billionaire owns. During the interview, Von showed the vice president Musk's claim that Trump's administration hasn't released all the records related to sex abuser Jeffrey Epstein because Trump is mentioned in them. Vance responded to that, saying, "Absolutely not. Donald Trump didn't do anything wrong with Jeffrey Epstein." "This stuff is just not helpful," Vance said in response to another post shared by Musk calling for Trump to be impeached and replaced with Vance. "It's totally insane. The president is doing a good job." Vance called Musk an "incredible entrepreneur," and said that Musk's Department of Government Efficiency, which sought to cut government spending and laid off or pushed out thousands of workers, was "really good." The vice president also defended the bill that has drawn Musk's ire, and said its central goal was not to cut spending but to extend the 2017 tax cuts approved in Trump's first term. The bill would slash spending but also leave some 10.9 million more people without health insurance and spike deficits by $2.4 trillion over the decade, according to the nonpartisan Congressional Budget Office. Musk has warned that the bill will increase the federal deficit and called it a "disgusting abomination." "It's a good bill," Vance said. "It's not a perfect bill." He also said it was ridiculous for some House Republicans who voted for the bill but later found parts objectional to claim they hadn't had time to read it. Vance said the text had been available for weeks and said, "the idea that people haven't had an opportunity to actually read it is ridiculous." Elsewhere in the interview, Vance laughed as Von cracked jokes about famed abolitionist Frederick Douglass' sexuality. "We're gonna talk to the Smithsonian about putting up an exhibit on that," Vance joked. "And Theo Von, you can be the narrator for this new understanding of the history of Frederick Douglass." The podcaster also asked the vice president if he "got high" on election night to celebrate Trump's victory. Vance laughed and joked that he wouldn't admit it if he did. "I did not get high," he then said. "I did have a fair amount to drink that night." The interview was taped in Nashville at a restaurant owned by musician Kid Rock, a Trump ally.
