Tariff appeals ruling comes down in Trump’s favor

The president scored another courtroom victory Tuesday, staving off a lower court’s decision aimed at blocking his authority on tariffs.

Employing strategies of radical extremists, leftists have endeavored to overwhelm the courts since President Donald Trump returned to the White House, obstructing his administration with legal disputes and red tape. The lawfare against the president’s tariff-driven economic strategy hit a roadblock Tuesday when the U.S. Court of Appeals for the Federal Circuit granted a temporary stay, allowing the tariffs to remain in effect until further review.

“Both sides have made substantial arguments on the merits,” the brief order from the three-judge panel read in part. “Having considered the traditional stay factors … the court concludes a stay is warranted under the circumstances.”

The decision from the appeals court came after 12 states joined five businesses in attempting to argue that Trump’s use of the International Emergency Economic Powers Act (IEEPA) for tariffs was unlawful — a position the U.S. Court of International Trade took in blocking the tariffs. The states included Arizona, Colorado, Connecticut, Delaware, Illinois, Maine, Minnesota, Nevada, New Mexico, New York, Oregon, and Vermont.

Scheduling oral arguments for July 31, the order added, “The court also concludes that these cases present issues of exceptional importance warranting expedited en banc (with the rest of the judges) consideration of the merits in the first instance.”

Representing the businesses, the Liberty Justice Center’s senior counsel and director of litigation, Jeffrey Schwab, said, “We’re disappointed the federal circuit allowed the unlawful tariffs to remain in place temporarily.”

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“It’s important to note that every court to rule on the merits so far has found these tariffs unlawful, and we have faith that this court will likewise see what is plain as day: that IEEPA does not allow the president to impose whatever tax he wants whenever he wants,” the attorney argued. “We are glad the federal circuit recognized the importance of this case, and agreed to hear it before the full court on an expedited schedule.”

In a statement to Fox News Digital, White House spokesman Kush Desai countered, “The Trump administration is legally using the powers granted to the executive branch by the Constitution and Congress to address our country’s national emergencies of persistent goods trade deficits and drug trafficking. The US Circuit Court of Appeals’ stay order is a welcome development, and we look forward to ultimately prevailing in court.”

Meanwhile, Tuesday’s extended stay on the lower court ruling marked the second such action from the appeals court, as it had already done so at the end of May.

Following the initial ruling, Commerce Secretary Howard Lutnick told Fox News host Shannon Bream, “What is going to happen is we will take that up to higher courts. The president will win like he always does.”

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“But rest assured, tariffs are not going away. He has so many other authorities that even in the weird and unusual circumstance where this is taken away, we just bring on another or another or another,” added the official. “Congress has given this authority to the president, and he will use it.”

Kevin Haggerty

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