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A federal appeals court lifted the block on most of Trump's tariffs

The temporary ruling answered the U.S. Court of International Trade and will remain in effect until next June 9.

Trump in the White House Rose Garden/ Mandel Ngan.

Trump in the White House Rose Garden/ Mandel Ngan.AFP

Joaquín Núñez
Published by
Joaquín Núñez

The U.S. Court of Appeals for the Federal Circuit lifted the block on most of Donald Trump's jails. The temporary decision overturns the first of two judicial setbacks the president's trade policy received against it in recent days. The ruling by federal Judge Rudolph Contreras of Washington, DC, will remain in effect, maintaining the paralysis on some tariffs.

The appeals court hit back at the U.S. Court of International Trade, which ruled Wednesday that President Trump was overstepping his authority over tariffs under the International Emergency Economic Powers Act of 1977 (IEEPA).

"The judgments and the permanent injunctions entered by the Court of International Trade in these cases are temporarily stayed until further notice while this court considers the motion papers," reads the ruling, which will be in effect until next June 9.

Pending a decision on whether to extend its decision any longer, the appeals court also set a pleading deadline of June 9 for the parties to present their arguments. "The plaintiffs-appellees are directed to respond to the United States's motions for a stay no later than June 5, 2025. The United States may file a single, consolidated reply in support no later than June 9, 2025," they added in the ruling.

Trump on the ruling and took aim at The Federalist Society 

A few hours after the ruling, the president expressed himself on Truth Social. There, he criticized judicial activism and explained the possible consequences for the country in case the tariffs end up blocked.

“The ruling by the U.S. Court of International Trade is so wrong, and so political! Hopefully, the Supreme Court will reverse this horrible, Country threatening decision, QUICKLY and DECISIVELY,” the president began.

“If allowed to stand, this would completely destroy Presidential Power — The Presidency would never be the same! This decision is being hailed all over the World by every Country, other than the United States of America. (...) It would be the harshest financial ruling ever leveled on us as a Sovereign Nation. The President of the United States must be allowed to protect America against those that are doing it Economic and Financial harm. Thank you for your attention to this matter!,” he continued.

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In addition, the president took aim at The Federalist Society, a conservative legal organization that has for many years advised the Republican Party on the selection of judges.

"I was new to Washington, and it was suggested that I use The Federalist Society as a recommending source on Judges. I did so, openly and freely, but then realized that they were under the thumb of a real “sleazebag” named Leonard Leo, a bad person who, in his own way, probably hates America, and obviously has his own separate ambitions. He openly brags how he controls Judges, and even Justices of the United States Supreme Court — I hope that is not so, and don’t believe it is! In any event, Leo left The Federalist Society to do his own “thing.” I am so disappointed in The Federalist Society because of the bad advice they gave me on numerous Judicial Nominations. This is something that cannot be forgotten!,” Trump sentenced.

What does the law invoking the Trump Administration to raise tariffs say?

IEEPA gives the president special powers in international emergencies. Specifically, it allows him to impose trade, economic, or financial sanctions against foreign countries, persons, companies, or organizations when there is an "unusual and extraordinary threat" that "originates, in whole or in substantial part, outside the United States." This legislation has been invoked many times, for example against Russia, North Korea, and Iran.

In Trump's case, the foreign threat has to do with fentanyl entering the country, as well as foreign trade policies against the United States. According to the president, the latter affects both wages and domestic consumption.

For the judges of the U.S. Court of International Trade, Trump was overreaching with the use of this law: "The court does not interpret IEEPA as conferring such unlimited authority," they wrote.

"Three judges of the U.S. Court of International Trade disagreed and brazenly abused their judicial power to usurp the authority of President Trump to stop him from carrying out the mandate that the American people gave him," White House Press Secretary Karoline Leavitt said in a statement.
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