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Appeals Court Keeps Trump’s Emergency Tariffs in Effect During Appeal

The Federal Circuit has fast-tracked oral arguments for July 31 to decide if Trump overstepped his authority under the International Emergency Economic Powers Act.

Overview

  • The Federal Circuit stayed a May 28 injunction by the U.S. Court of International Trade, preserving Trump’s emergency-based global and fentanyl-related tariffs while it considers the appeal.
  • Oral arguments are set for July 31 before the full 11-judge Federal Circuit panel, reflecting the court’s view of the case’s exceptional importance.
  • Tariffs at issue include a 10% levy on most imports, April’s “Liberation Day” duties and separate measures targeting China, Canada and Mexico over alleged drug-trafficking and trade-deficit emergencies.
  • Proponents say the levies bolster presidential leverage in trade talks and address national emergencies, while small businesses and states warn they inflict irreparable harm and encroach on Congress’s tariff powers.
  • The outcome will define the scope of presidential authority under IEEPA and influence future U.S. trade policy and diplomatic relations.