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Appeals Court Pauses Trade Court Ban, Leaving Trump’s ‘Liberation Day’ Tariffs in Place

The stay gives challengers until June 5 to respond; the administration must file its appeal by June 9.

President Donald Trump delivers remarks on tariffs in the Rose Garden at the White House in Washington, D.C., U.S., April 2, 2025.
US President Donald Trump holds a chart as he delivers remarks on reciprocal tariffs during an event in the Rose Garden entitled Make America Wealthy Again at the White House in Washington, DC, on April 2, 2025.
President Donald Trump speaks during an event to announce new tariffs in the Rose Garden at the White House, Wednesday, April 2, 2025, in Washington. (AP Photo/Mark Schiefelbein)
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Overview

  • A three-judge panel of the US Court of International Trade ruled on May 28 that Trump’s blanket tariffs exceeded authority under the International Emergency Economic Powers Act.
  • The contested duties include a 10 percent levy on most imports alongside steeper tariffs on Canada, Mexico and China aimed at trade deficits and fentanyl trafficking.
  • Challenges were filed by a coalition of 12 states and five small businesses represented by the Liberty Justice Center, arguing the president overstepped constitutional and statutory limits.
  • The administration is reviewing fallback options under Section 122 of the Trade Act of 1974 and Section 338 of the Trade Act of 1930 to sustain its reciprocal tariff program.
  • The prolonged legal fight has injected volatility into financial markets and prompted cautious responses from key trading partners, with the Supreme Court a possible final venue.