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In the linked Biden press release I see an announcement of tariff changes under section 301 and section 232. From today's article:

>Other tariffs imposed under different powers, like so-called Section 232 and Section 301 levies, are unaffected, and include the tariffs on steel, aluminum and automobiles.

It seems that Biden did not, at least in the instance you link to, do the thing that the courts have ruled against today.

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The administration has previously contemplated imposing duties under Section 301 of the Trade Act of 1974, which allows for tariffs that counter unfair foreign trade practices. That is the provision Trump used to underpin his first term tariffs on China and is considered to be on firmer legal footing than IEEPA. So they'll likely just use that justification going forward.

They’ve already mentioned that in the EOs - it’s what Trump’s first administration used - but it’s more limited and slower than he wants. That requires them to follow a process where they identify a trade barrier and first attempt to negotiate it, and it’s limited to trade barriers. That’s a lot of work to use to demand concessions individually from each country world – these are not people who like to do their homework – and it doesn’t cover non-trade pretexts like fentanyl or failing to confiscate some Vietnamese farmers’ land so his family can build a golf course and resort. Once they concede that it has to follow the usual legal process, they’re going to have to give up the most appealing ways to monetize his office.

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