Overview
- On May 28, a three-judge panel of the U.S. Court of International Trade unanimously found that Trump exceeded his authority under the International Emergency Economic Powers Act by imposing broad reciprocal and retaliatory duties.
- The U.S. Court of Appeals for the Federal Circuit issued an administrative stay on May 29, suspending the trade court’s permanent injunction until at least June 9 and ordering briefs by June 5 and June 9.
- Justice Department filings warned that lifting the tariffs now would inflict irreparable harm on national security and disrupt sensitive trade negotiations with key partners.
- The Trump administration has indicated it will seek emergency relief from the Supreme Court as early as Friday if the appeals court does not extend its temporary pause.
- Legal analysts say the case could clarify the scope of presidential emergency powers over trade and influence future U.S. commerce and diplomatic leverage.