Trump Nominates White House Lawyer To Trade Court That Could Decide Details Of Any Tariff Refunds
President Donald Trump on Thursday tapped one of his White House lawyers to fill a vacancy on the U.S. Court of International Trade, a federal court that could prove pivotal in deciding tariff refunds if the Supreme Court strikes down some of the president’s duties.
In a post on Truth Social, Trump said it is his “Honor” to nominate White House associate counsel Kara Westercamp, calling her “a very experienced Trade Lawyer.”
Westercamp, who previously worked as a trade attorney at the Department of Justice, “knows the Wisdom and Courage required to protect the American People, who have been ripped off by other Countries for far too long. She will always put America First. Congratulations Kara!” Trump wrote.
If confirmed by the Senate, Westercamp would receive a lifetime appointment to the nine-judge court, which has nationwide jurisdiction over civil cases arising under U.S. trade laws, including challenges to tariff actions and disputes over how U.S. Customs and Border Protection assesses and collects duties.
The New York-based court has been central to litigation over the administration’s tariff policies, including the “reciprocal” duties and others the president has imposed under the International Emergency Economic Powers Act, a 1977 law that had never before been used to justify tariffs. The Supreme Court is now reviewing the scope of presidential authority under that law, and any ruling against the administration would likely return to the trade court for implementation.
Judges at the court have previously said it has the authority to order CBP to redo duty calculations and issue refunds if the tariffs are ultimately found unlawful.
Westercamp's nomination comes as Trump works to reshape the federal judiciary and continues to lash out at the trade court and its judges.
Following the Court of International Trade’s May decision striking down portions of his tariff program, Trump questioned in a social media post “where these initial three Judges come from” and suggested their ruling was driven by “hatred of ‘TRUMP,’” even though one member of the panel, Judge Timothy M. Reif, was nominated by the president during his first term.
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