Fortune | FORTUNE 10月05日 05:08
专家预测:最高法院可能驳回特朗普的紧急关税
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根据摩根大通的调查,专家们普遍认为美国最高法院可能会维持下级法院的裁决,即总统唐纳德·特朗普不能依据《国际紧急经济权力法》(IEEPA)来实施广泛的关税。专家们估计最高法院驳回特朗普政府裁决的可能性在70%-80%之间,并预计年内做出判决。尽管特朗普政府曾依据IEEPA 对芬太尼贸易和全球贸易伙伴实施了多项关税,但多级法院均已裁定这些关税违宪。若最高法院最终驳回,特朗普政府可能需要退还大量已收取的关税收入,尽管这不会结束其贸易战,但将迫使其转向更窄、更具争议的措施。

⚖️ 最高法院预计将维持下级法院裁决:专家普遍认为,美国最高法院很可能不会支持总统特朗普利用《国际紧急经济权力法》(IEEPA)来施加广泛关税的尝试。摩根大通的调查显示,专家们认为法院驳回特朗普政府裁决的可能性高达70%-80%,这表明对IEEPA 关税的法律挑战可能获得最高法院的支持。

📉IEEPA关税面临严峻法律挑战:特朗普政府曾依据IEEPA 对芬太尼贸易及全球贸易伙伴实施了多项关税措施,但联邦地区法院、国际贸易法院以及联邦上诉法院均已裁定这些关税不符合宪法。特别是美国联邦巡回上诉法院的最新裁决,将给予政府上诉至最高法院的时间,但其裁决结果预示着IEEPA 关税面临的法律障碍十分严峻。

💸潜在的经济影响和贸易政策调整:如果最高法院最终驳回特朗普政府的关税措施,政府可能需要退还大量已收取的关税收入,这笔收入对缓解美国预算赤虑曾起到一定作用。尽管如此,这并不意味着贸易战的终结,但将迫使政府转向执行更具限制性、更易引发争议的关税措施,且替代性关税途径在速度、规模和灵活性上不如IEEPA。

💡法律解读的潜在转折点:尽管多数法院裁决不利于特朗普政府,但联邦巡回法院的一份不同意见书指出,总统在宣布紧急状态时,在调用IEEPA 方面可能没有明确的限制。这一论点被一些法律评论家视为总统在最高法院争取胜利的一个潜在途径,显示出案件的复杂性和不确定性。

The Supreme Court will likely agree with lower courts that ruled President Donald Trump can’t use the International Emergency Economic Powers Act to impose broad tariffs, according experts surveyed by JPMorgan.

The bank hosted a conference in London last month, and in a note on Monday it summarized highlights from a session on Trump’s trade policies.

Trade and legal experts said the odds that the high court will rule against the Trump administration are 70%-80% and expect a decision by the end of the year, according to the note, which added that the justices may not follow traditional ideological divides.

“While the sitting three liberal justices are expected to oppose IEEPA tariffs, Chief Justice Roberts and Justice Barrett—both with pro-business leanings—may also side against,” it said. “Kavanaugh is considered the swing vote and has voted with the majority 90% of the time. Legal experts point out that none of Trump’s three appointed justices is distinctively ‘Trumpy,’ and they have been less predictable than Republicans had hoped.”

Trump cited IEEPA when he imposed tariffs related to the fentanyl trade as well as his so-called reciprocal tariffs on U.S. trade partners around the world. But since then, a federal district court, the Court of International Trade, and a federal appeals court have said the tariffs are unconstitutional.

In the latest decision in August, the U.S. Court of Appeals for the Federal Circuit said its ruling won’t take effect until Oct. 14 to give the Trump administration time to appeal to the Supreme Court.

The court rulings represented severe blows to Trump’s trade policy as more than 80% of the tariffs he has announced so far in his second term were based on IEEPA.

The reciprocal tariffs also helped leverage a series of trade deals. That includes an agreement with the European Union, which pledged to invest $600 billion in the U.S. and buy $750 billion worth of U.S. energy products, with “vast amounts” of American weapons in the mix. Similarly, the U.S.-Japan trade deal entails $550 billion in investments from Tokyo.

While Trump’s other tariffs on various sectors like steel, aluminum and autos rely on a separate law and aren’t affected by the court rulings, a final defeat at the Supreme Court would mean the administration would have to pay back a big chunk of the $165 billion in tariff revenue it collected in the fiscal year through August. Trump’s overall tariff regime was expected to generate $300 billion-$400 billion on an annual basis, helping ease the bond market’s concerns about the U.S. budget deficit.

But even if the high court goes against Trump’s tariffs, that won’t put an end to his trade war as numerous other legal avenues are available to levy duties.

In fact, the administration has been rolling out other so-called sectoral tariffs in recent weeks, including on lumber and furniture.

But the alternate tariff routes don’t provide the same speed, scale or flexibility of IEEPA and would not fully recover the revenue lost, JPMorgan added.

“The potential loss of IEEPA tariffs does not end the tariff story, but fragments it,” the note said. “With more than 80% of announced tariffs relying on IEEPA, the administration would be forced to turn to narrower, more contested measures.”

But in a note last month, Capital Alpha’s James Lucier said there’s a “silver lining” in the federal appeals court’s 7-4 decision that struck down the IEEPA tariffs, pointing to a powerful argument from one of the dissenting judges.

Federal Circuit Judge Richard Taranto​made found that there are no limits the president’s ability to invoke tariffs by declaring an emergency under IEEPA.

“The dissenting opinion has opened a pathway by which informed legal commentators have assessed that the president now has a plausible pathway to a victory at the Supreme Court, despite his previous losses,” Lucier observed.

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最高法院 特朗普 关税 国际紧急经济权力法 贸易政策 Supreme Court Trump Tariffs IEEPA Trade Policy
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