How Canada could bolster U.S. legal efforts to curb Trump’s tariff powers - The Globe and Mail

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Legal Challenges to Trump's Tariffs

Several US court cases challenge Donald Trump's use of emergency economic legislation to impose tariffs, arguing it's unlawful. A win could overturn existing tariffs and prevent future presidents from using this method. This is of significant interest to Canada, which has experienced the impact of these tariffs.

Canada's Potential Involvement

Canadian involvement could bolster these legal challenges. Lawyers suggest Canada could file amicus briefs, providing valuable information and perspective to the courts. While this could benefit Canada by potentially eliminating tariffs, it also risks provoking a negative response from the White House.

  • Global Affairs Canada acknowledges the lawsuits' potential to overturn unjustified tariffs.
  • Some Canadian entities, including representatives from the Blackfoot Confederacy, have expressed interest in participating.
  • However, organizations like the Business Council of Canada and the Canadian Chamber of Commerce are not pursuing amicus briefs, prioritizing alternative dispute resolution methods.

Arguments and Risks

Central to the legal challenges is the "major questions" argument, emphasizing the need for clear congressional authorization for actions of such scale. Canadian participation could highlight the significant impact of these tariffs on Canada. However, there's a risk of provoking President Trump, particularly given the ongoing negotiation of a new economic and security relationship between the US and Canada.

Potential Benefits

Despite the risks, legal action could serve as leverage in negotiations and demonstrate resolve against what some see as bullying tactics by the Trump administration. A firm stance, it is argued, might be more effective than accommodation.

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