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OPINION

Just Once—Can an American Court Please Side With America?

The opinions expressed by columnists are their own and do not necessarily represent the views of Townhall.com.
AP Photo/Brennan Linsley, File

How much longer are we going to tolerate American judges kneecapping American interests from behind the bench?

In the latest act of judicial self-sabotage, a federal appeals court has decided that President Donald J. Trump—yes, the duly elected President of the United States—isn’t allowed to impose tariffs to protect American industries unless he gets permission slips from every international trade lobby and globalist think tank in D.C. The ruling, which found that Trump’s steel tariffs on foreign-made derivatives exceeded his presidential authority, is not only wrong on the law—it’s disastrous for the future of American self-governance.

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And it’s yet another reminder that in the minds of our modern judiciary, the Constitution ends where the World Trade Organization begins.

Let’s get one thing straight: President Trump enacted those tariffs using the clear authority granted to him under Section 232 of the Trade Expansion Act of 1962. The law allows the President to take action to restrict imports if those imports are found to threaten national security. Not luxury. Not convenience. Security.

And does anyone with a functioning brainstem believe that America not being able to produce its own steel and aluminum isn’t a national security threat? Are we planning to ask China for permission to build our tanks, aircraft carriers, and infrastructure? Shall we let Brazil set the market price for the steel in our bridges and battleships?

But according to the geniuses on the U.S. Court of International Trade—and now the Federal Circuit—President Trump’s efforts were simply too “unbounded.” He didn’t check enough boxes. He didn’t follow the precise bureaucratic ballet that makes judges and bureaucrats feel important.

In other words, it’s not that his policy was bad. It’s that he offended the process class.

He moved too fast. He acted too decisively. He made decisions as if he were elected to lead—rather than grovel before unelected panels and trade attorneys.

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And the plaintiffs? Don’t make me laugh. These are companies and foreign suppliers who benefit from America being undercut, from cheap foreign dumping, and from policies that turn U.S. workers into unemployed spectators. They sued not out of principle, but profit. The more they can import undercut steel and aluminum, the less they have to pay American workers, American suppliers, or American taxes.

They sued to enrich themselves at the expense of this country’s strength—and our courts rewarded them.

Let’s not sugarcoat this: This ruling is a gift-wrapped win for globalism.

It's a loud, arrogant message that says even the President of the United States—armed with Congressional authority—cannot act boldly to defend American jobs and industry if it offends the sensitivities of international economic elites.

And the broader consequence? Death by a thousand litigations.

Since the moment Trump began to dismantle the globalist framework that has strangled American prosperity for decades, the left, the swamp, and their partners in the legal priesthood have worked tirelessly to reverse every last inch of progress. They couldn't defeat his policies at the ballot box, so now they want to defeat them in courtrooms.

They don’t want him to be able to negotiate tariffs. They don’t want him to control immigration. They don’t want him to stop the outsourcing of critical manufacturing. And they certainly don’t want him to keep America independent from the international system they worship like a golden calf.

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It’s death by judicial review. They are litigating Trump policy to death. And in doing so, they are litigating America to death.

Because here’s the real kicker: while we tie our own leaders’ hands behind their backs, the rest of the world is charging full steam ahead. China subsidizes its steel and dumps it on our markets. The EU protects its manufacturers with sky-high trade barriers. Every country on Earth puts itself first.

Except us.

In America, we sue the president for trying to do the same thing every other world leader does without a second thought. And our own courts—our own American judges—hand the enemy a victory.

What must the rest of the world think of us? That we’re fools. That we’re weak. That we’re so divided and lawyered-up that we can’t even protect our own industries, our own jobs, or our own sovereignty.

They’re not wrong.

We used to be a country that built the world’s economy. Now we’re the punchline of it.

We used to lead. Now we litigate.

We used to say “America First.” Now we say, “Well, it depends on what the WTO says.”

If we don’t start pushing back—if we don’t start demanding that our judges, our lawmakers, and yes, our presidents put this country first—we will lose what’s left of this republic.

We won’t have steel mills. We won’t have national security. We won’t have manufacturing. We won’t have leadership.

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And we won’t have freedom.

Because the Constitution was not written to defend the interests of foreign corporations. It was not written to preserve global harmony. It was written to secure the blessings of liberty for us—the people of the United States.

So I ask, once more—JUST ONCE—can an American court please side with America?

Because if they won’t, the rest of us had better start making a plan to take America back.

Before there’s nothing left to take.

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