Trump administration scores legal victory in battle over tariff policy

by Natalie Tomiello

Photo: Alamy

The Trump administration received a favorable decision on Thursday from the Federal Circuit Court of Appeals. The appellate decision comes after the Court of International Trade (CIT) issued a ruling on Wednesday against the administration’s implementation of tariffs.

The Trump administration immediately filed an appeal, arguing the decision by the CIT wrongfully infringed upon President Trump’s executive authority. In an order issued on Thursday afternoon, the Court of Appeals placed an administrative stay on the decision of the CIT.

The CIT ruling held that President Trump’s use of the International Emergency Economic Powers Act (IEEPA) exceeded the proper authority granted to the executive branch by the Constitution.

The Trump administration made clear it did not accept the reasoning set forth by the CIT and indicated it would take the case to the Supreme Court for emergency relief as soon as Friday if the Court of Appeals did not grant a pause on the decision. In its Thursday ruling, the Court of Appeals placed a stay on the CIT’s decision until further notice.

Members of the Trump administration have stated the president’s intention to continue with his tariff policy and appeal the decision. White House press secretary Karoline Leavitt said the judges of the CIT had “brazenly abused their judicial power” and interfered with the will of the American people by blocking Trump from enacting his agenda.

Trade advisor Peter Navarro told reporters the White House was continuing trade negotiations. Navarro stated other countries had been in communication with the administration and indicated their willingness to continue the discussions in good faith as the administration pursues the appellate process.

The ruling by the Federal Circuit Court indicated it would take prompt action on the case. The companies challenging the tariffs were directed to file legal briefs before June 5, and the Justice Department was directed to respond to those briefs by June 9.

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