Published August 13, 2026 at 6:18 PM ET · Updated August 14, 2026 at 10:11 AM ET
Trade court upholds Trump authority to close de minimis tariff loophole
2 independent outlets are covering this story, first reported here by WND. Verification: Corroborated (how we verify). Every headline links to the original reporting.
The Court of International Trade upheld President Trump's authority to shut down the de minimis tariff loophole. The loophole had allowed packages valued under $800 to enter the United States duty free. Critics described it as a channel for Chinese goods and fentanyl.
Patriot Watch first flagged this story 16 hr ago, when WND reported it. Coverage has since grown to 2 independent outlets. The most recent report came 1 hr ago from The Gateway Pundit.
⚖ The Constitutional Angle
Learning Resources v. V.O.S. Selections held that IEEPA does not authorize tariffs and that the power to lay duties sits in Congress, so a president acting on imports needs an identifiable statutory delegation. Dames & Moore v. Regan cut the other way, sustaining broad executive action where IEEPA text plainly reached it. The upshot: the ruling stands on the delegation the court found, not inherent emergency power.
Learning Resources v. V.O.S. Selections 607 U.S. 229 (2026)
Vote: 6-3 · Opinion: Roberts (C.J.)
THE ANSWER TO THE LITIGATED QUESTION: the International Emergency Economic Powers Act does not authorize the President to impose tariffs. The Constitution vests the power to lay taxes and duties in Congress; the Executive has no inherent authority to impose peacetime tariffs (a point the government conceded), so any presidential tariff power must come from a congressional delegation. IEEPA's grant of authority to 'regulate ...
Dames & Moore v. Regan, Secretary of the Treasury 453 U.S. 654 (1981)
Vote: 9-0 on the judgment (official lineup: Rehnquist's opinion joined in full by Burger,… · Opinion: Rehnquist
(1) IEEPA (50 U.S.C. § 1702) specifically authorized the President's nullification of prejudgment attachments on Iranian assets and the ordered transfer of those assets under the Algiers Accords hostage settlement — 'The language of IEEPA is sweeping and unqualified.' (2) The suspension of claims pending in American courts (channeling them to the Iran-U.S.
Precedent facts from the PW Law Library — primary-source verified & independently audited
