Did Biden do that unilaterally claiming that a half-century economic trend was an EMERGENCY!!! or did he follow the legal process and negotiate with the Congress? They’ve delegated some powers but that’s not carte blanche.
No, he did not. The authority for the current tariffs were drawn from an 1976 act of congress (an amendment to the Trading With Enemies Act of 1917 and a new National Emergencies Act) and the International Emergency Economic Powers Act of 1977.
Incorrect. Biden’s actions were based on Section 301 of the Trade Act of 1974, which outlines a process for enacting tariffs where unfair trade practices have been identified.
This case was attempting to resolve the question of whether Trump’s use of the 1977 International Emergency Economic Powers Act was legal. They did note that he has other, more limited tariff powers delegated by Congress which are legal to use as long as he follows the law.