A federal appeals court on Thursday stayed a decision issued by the Court of International Trade that found President Donald Trump did not have authority to impose 10% tariffs on almost every country in the world.
The Trump administration filed its appeal in the Federal Circuit Court of Appeals in Washington on Wednesday, shortly after the ruling from a three-judge panel of the CIT.
That ruling came in one opinion addressing two consolidated cases, one filed filed by states and one by affected businesses.
The CIT panel, comprising judges appointed by Trump and former Presidents Barack Obama and Ronald Reagan, unanimously rejected the administration’s arguments that the International Emergency Economic Powers Act gives Trump “unbounded authority” to impose duties on other countries.
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The president had used IEEPA to impose a baseline 10% tariff worldwide, with 57 other countries in line for higher tariffs on July 9. The CIT decision also applied to higher tariffs on China (30%) and Mexico and Canada (25%).
An emergency panel of 11 Federal Circuit judges ordered the plaintiffs in that case to file a response to the government’s request for a stay by June 5. The government then has until June 9 to respond.
Another federal court on Thursday said IEEPA “is not a law providing for tariffs” and issued an injunction blocking their implementation against two toy companies. But U.S. District Judge Rudolph Contreras delayed the effect of his injunction for 14 days.
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