A federal appeals court has overruled an activist decision from earlier this week to allow President Donald Trump’s tariffs to stay in place — at least for now.
Only yesterday, the U.S. Court of International Trade ruled unanimously that Donald Trump‘s tariffs on dozens of countries had to be lifted. But that ruling has already been negated by a new court decision, fortunately. Isn’t it amazing how Trump‘s policies aimed at benefiting America are constantly being attacked by judges who didn’t give a hoot when the Biden administration repeatedly and egregiously violated the Constitution and other laws? At least this new decision makes sense.
The Trump White House said in comments to Fox Business that the new ruling is definitely a win for Americans. “The Federal Circuit Court’s administrative stay on the Court of International Trade’s ruling is a positive development for America’s industries and workers,” stated White House spokesperson Kush Desai.
He added, “The Trump administration remains committed to addressing our country’s national emergencies of drug trafficking and historic trade deficits with every legal authority conferred to the President in the Constitution and by Congress. Regardless of the developments of this litigation, the President will continue to use all tools at his disposal to advance trade policy that works for all Americans.”
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Fox Business provided more details, clarifying that the new decision delays rather than permanently overrules the previous decision:
In its decision, the U.S. Court of Appeals for the Federal Circuit granted an immediate administrative state to the extent that permanent injunctions entered by the Court of International Trade on Wednesday are temporarily stayed until at least June 9.
After June 9, the court can issue an order of enforcement.
The decision states: “The plaintiffs-appellees are directed to respond to the United States's motions for a stay no later than June 5, 2025. The United States may file a single, consolidated reply in support no later than June 9, 2025.” Hopefully, another court will step in before June 9 to ensure the tariffs can stay in place.
What should be happening right now is that Congress should be working to ensure lots of spending cuts while the tariffs bring in more money to help cover the remaining costs that have already created over $36 trillion in national debt. But unfortunately, much of the judiciary seems hell-bent on helping Democrats destroy our republic.
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The previous decision, now temporarily blocked, asserted that the executive has no power to impose tariffs. “The court holds for the foregoing reasons that IEEPA does not authorize any of the Worldwide, Retaliatory, or Trafficking Tariff Orders. The Worldwide and Retaliatory Tariff Orders exceed any authority granted to the President by IEEPA to regulate importation by means of tariffs,” the judges’ panel wrote. “The Trafficking Tariffs fail because they do not deal with the threats set forth in those orders.”
Since Congress has delegated certain tariff powers to the executive branch, the court was being deceptive when it claimed that Trump did not have legal power to impose the tariffs. But a weaponized judiciary doesn’t care about legal reality; it cares about political ideology.
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