Federal appeals court halts lower court order overturning Trump's global tariffs

Federal appeals court halts lower court order overturning Trump's global tariffs

US Court of International Trade ruled president did not have authority to impose tariffs; that order now on hold

​​​​​​​By Darren Lyn

HOUSTON, United States (AA) - A federal appeals court on Thursday halted a lower court ruling that overturned most of President Donald Trump's sweeping global tariffs.

"The request for an immediate administrative stay is granted to the extent that the judgements and permanent injunctions entered by the Court of International Trade in these cases are temporarily stayed until further notice while this court considers the motions papers," said the US Court of Appeals for the Federal Circuit.

The plaintiffs have until June 5 to respond to Thursday's ruling. In turn, the Trump administration will have until June 9 to reply.

The back-and-forth rulings in the last 48 hours sets up a potential showdown in the US Supreme Court.

The appeals court overturned a ruling Wednesday by the US Court of International Trade to block Trump's tariffs, which were implemented April 2, on some of America's biggest trading partners, in particular, China, Canada and Mexico.

The trade court ruled that Trump's use of the International Emergency Economic Powers Act (IEEPA) to invoke tariffs was not in accordance with the law. The plaintiffs, wine-seller VOS Selections and four other small companies, argued that the IEEPA did not give the president the power to enact tariffs, and even if it was interpreted to, it "would be an unconstitutional delegation of Congress's power to impose tariffs."

The order halted Trump's 30% tariffs on China, 25% tariffs on some goods imported from Canada and Mexico, and 10% universal tariffs on most goods coming into the US.

The appeals court, however, overturned the lower court's ruling.


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