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Federal Circuit Weighs Appeal to Keep Trump’s Emergency Tariffs in Place

Challengers cite conflicting White House statements to press the court to lift the likely unlawful tariffs

A worker registers coils of finished steel at the Thyssenkrupp steel plant on April 9, 2025, in Duisburg, Germany. (Photo by Sean Gallup/Getty Images)
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Commerce Secretary Howard Lutnick was among the Trump officials cited in a court filing from states challenging the Trump administration tariffs.
President Donald Trump holds up a chart of “reciprocal tariffs” while speaking during a “Make America Wealthy Again” trade announcement event in the Rose Garden at the White House on April 2, 2025, in Washington, D.C. (Chip Somodevilla/Getty Images/TNS)

Overview

  • The U.S. Court of Appeals for the Federal Circuit has issued an administrative stay that keeps Trump’s IEEPA-based tariffs in effect pending its review.
  • In filings, state attorneys general and companies cited Trump administration officials such as Kevin Hassett and Peter Navarro who publicly said that blocking the tariffs would not harm trade negotiations.
  • The administration argues that the International Emergency Economic Powers Act provides the president with unilateral tariff authority for national security and foreign policy reasons.
  • A ruling on whether to extend the stay pending appeal is expected soon after the administration’s reply is filed Monday, which could determine whether the tariffs remain in effect for months during the appellate process or are lifted quickly.
  • The administration also announced plans to double steel and aluminum tariffs and consider expanding other sanctions under separate trade authorities.