US appeals court declines to delay start of Trump tariff refund lawsuits

By Michael Hernandez

WASHINGTON (AA) - A federal appeals court declined to pause Monday lawsuits seeking refunds for tariffs that the Supreme Court ruled last month were imposed by US President Donald Trump illegally.

The administration had sought Friday to have the court delay issuance of any mandate for 90 days, but the Court of Appeals for the Federal Circuit instead denied the request and cleared the way for the lawsuits to continue at the US Court of International Trade.

The case was brought by a group of five small businesses seeking refunds for the tariffs they paid under Trump's global tariff push.

The Supreme Court ruled 6-3 that the International Emergency Economic Powers Act (IEEPA), which previously served as the legal basis for Trump’s tariff measures, does not grant the president authority to impose broad tariffs.

That same day, Trump sought to work around by imposing a 10% global tariff under Section 122 of the 1974 Trade Act, and said he raised the tax to 15% one day later. But White House officials clarified that only the 10% decree has been formally signed, with any increase to 15% to occur at a later stage.

Section 122 of the 1974 Trade Act authorizes the president to impose temporary tariffs for up to 150 days in response to “large and serious” balance-of-payments deficits. After 150 days, Congress would have to approve the tariffs, though the administration has said it will pursue ways to get around that requirement.

In its ruling, the Supreme Court said the Constitution "very clearly" gives Congress the authority to tax, including decisions to impose tariffs, not the president.

"The Framers did not vest any part of the taxing power in the Executive Branch," Chief Justice John Roberts wrote on behalf of the majority, referring to the authors of the Constitution.