The Court of Appeals provisionally reinstates US tariffs while the appeal is resolved

In a significant judicial twist, the Court of Appeals for the Federal Circuit in Washington has decided to provisionally reinstate the controversial tariffs imposed during the administration of former President Donald Trump. This measure comes just one day after the Court of International Trade blocked them, determining that the then-president had exceeded his constitutional powers. The decision means that, for the time being, the tariffs will remain in effect until the merits of the appeal filed by the Trump administration are resolved.

Background of the Judicial Conflict

Last Wednesday, the Court of International Trade, in a three-judge decision, dealt a severe blow to Trump's tariff policy. The court ruled that the former president had overstepped his authority by imposing widespread tariffs, including the so-called “reciprocal tariffs” and tariffs on a wide range of products from Canada, Mexico, and China. These tariffs had been justified by the previous administration under the guise of combating fentanyl trafficking and protecting the U.S. economy.

In its sweeping ruling, the commercial court held that “This use is unacceptable, not because it is imprudent or ineffective, but because [the law] does not permit it.”This ruling not only struck down most of the tariffs, but also permanently barred their implementation, holding that the U.S. Constitution grants the authority to set tariffs to Congress, not the Executive Branch.

Government Response and Reaction of the Court of Appeals

The White House, now under the administration that defends Trump's policies, reacted immediately to the Court of International Trade's ruling. It filed an urgent appeal and requested a stay of the court's decision. Spokesperson Karoline Leavitt emphatically stated: "The Administration has already filed an emergency motion to stay the decision pending appeal, as well as an immediate request for an administrative stay to overturn this outrageous ruling. But ultimately, it must be the Supreme Court that puts an end to this situation, for the sake of our Constitution and our country.".

In response to this request, the Court of Appeals for the Federal Circuit ordered the Trump tariffs to remain in place temporarily. This suspension will continue while the court further considers the arguments presented by both sides. A deadline of June 5 has been set for the plaintiffs to respond, while the Trump administration will have until June 9 to submit its briefs. It is noteworthy that the appellate court did not issue any opinion or reasoning in its initial decision, simply suspending enforcement of the Court of International Trade's ruling.

Trump administration spokesman Kush Desai defended the administration's actions on tariffs, stating: “It is not up to unelected judges to decide how to deal with a national emergency.”Desai added: “President Trump pledged to put America first, and this administration is determined to use every tool of the executive branch to address this crisis and restore American greatness.”.

For his part, Stephen Miller, a close advisor to Trump, expressed his discontent with the initial court decision through the social network X (formerly Twitter), calling it “The judicial coup is out of control”.

Donald Trump himself has warned that a definitive cancellation of the tariffs “would completely destroy presidential power”His team is reportedly already preparing an alternative plan for imposing new taxes if the International Trade Court ruling is not overturned by a higher court.

Next Steps and Impacts

The case remains open to new allegations and a protracted legal battle is anticipated. It is not ruled out that, depending on the final decision of the Court of Appeals, the litigation could go to trial. Supreme Court of the United States.

Meanwhile, tariffs, which affect most US trading partners with levies ranging from 10% to 50% depending on the country and product, continue to apply.

The final decision on the legality of these tariffs will undoubtedly have significant repercussions for both U.S. trade policy and the definition of the president's authority over international trade. The outcome of this legal dispute is eagerly awaited by economic and political actors worldwide.