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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.

The tariffs have shocked markets and whipsawed companies of all sizes.
President Donald Trump arrives on Air Force One at Pope Army Airfield at Fort Bragg, Tuesday, June 10, 2025, in Fort Bragg, N.C. THE CANADIAN PRESS/AP, Alex Brandon
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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.