The U.S. Court of Appeals for the Federal Circuit has filled that gap. Yesterday, they simultaneously granted a temporary stay on that lower-court ruling, which had overturned most of former President Donald Trump’s tariffs. This ruling should enable Trump’s administration to have its tariff regime upheld while it explores other legal avenues. The appeals court ordered Re Trump Administration, No 21-5012 (D.C.
In early April, the U.S. Court of International Trade placed a nationwide injunction on the rule. This ruling overturned Trump’s “reciprocal” tariffs and other duties. Judges decided that the International Emergency Economic Powers Act, a 1970s vintage law, does not grant presidents carte blanche to slap on tariffs. This decision is a huge check on presidential power. A three-judge panel, including a Trump appointee, rejected the claim resoundingly. They ruled that Trump exceeded his legal authority when he imposed these tariffs.
The appeals court’s order stated that the judgment was “temporarily stayed until further notice while this court considers the motions papers.” This pause provides the Trump administration with much needed breathing room. They can now come out and claim that the law gives the president the authority to unilaterally begin a global, economy-wide tariff regime. In their communications with the court, the administration made it clear that it was planning to ask the Supreme Court for relief. Their second demand was that the tariff ruling be immediately stayed.
In the lead-up to that very legal battle, Trump’s administration—exceedingly sensitive to perceived attacks on its authority—had blasted trade-court judges for bias, overreach, abuse of power, etc. Further, they claimed, these judicial rulings open the door to weaken the United States’ moral authority on the global stage.
“These judges are threatening to undermine the credibility of the United States on the world stage.” – Karoline Leavitt
Stephen Miller, a senior advisor to Trump’s presidency, expressed his fears regarding the judicial branch. He added, “We’re living in a judicial tyranny.” These kinds of comments show a deepening anger in Trump’s camp at the courts blocking their trade policy.