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Appeals Court Says Trump’s Emergency Tariffs Are Unlawful but Keeps Them in Place During Appeal

The ruling narrows presidential use of emergency powers for import levies, signaling a path to Supreme Court review.

Overview

  • A 7–4 decision by the U.S. Court of Appeals for the Federal Circuit largely upheld a May ruling that the IEEPA does not authorize Trump’s global “reciprocal” and 10% “base” tariffs.
  • The panel struck the lower court’s directive for immediate removal, allowing the duties to remain while the administration pursues further appeals.
  • The case covers the April tariff package and separate February measures targeting imports from Canada, China, and Mexico tied to trafficking and immigration rationales.
  • Excélsior reports the tariffs may stay in force until October 14 to give the government time to seek Supreme Court review, and Trump said he will press to keep them in place.
  • The ruling does not affect tariffs imposed under other laws such as steel and aluminum measures, while reporting notes large tariff receipts in July and potential refund exposure raised by Justice Department filings.