Tariffs are back on after an appeals court blocks a trade court injunction

The President s Liberation Day tariffs can remain in place for now after an appeals court granted an urgency stay sought by the Trump Administration The Court of Appeals for the Federal Circuit on Thursday stayed an injunction issued just the day prior by the Court of International Agreement after the lower court determined the president s unprecedented tariff policies represented an unlawful overreach In seeking a stay of the injunction the administration argued that the bargain court s order could unwind months of foreign program decision-making and sensitive diplomatic negotiations at the expense of the Nation s economic well-being and national safeguard The political branches not courts make foreign guidelines and chart economic guidelines yet the injunction injects the CIT into the center of our Nation s foreign procedures and disables the President from using a critical tool that Congress authorized him to wield in the middle of time-sensitive negotiations with multiple foreign countries over future deal agreements lawyers for the Trump Administration reported the court The court granted an immediate administrative stay and gave the plaintiffs in the episode the states of Arizona Colorado Connecticut Delaware Illinois Maine Minnesota Nevada New Mexico Oregon New York and Vermont until June to file motions in response The ruling body has until June to offer a rebuttal White House Press Secretary Karoline Leavitt described the commerce court s decision as just another example of judicial overreach Using his full and proper legal authority President Trump imposed universal tariffs and reciprocal tariffs on Liberation Day to address the extraordinary threat to our national measure and market posed by large and annual U S goods contract deficit she commented during the White House press briefing The agreement court did not see things that way according to their Wednesday ruling A three-judge panel exposed Trump overstepped his authority in invoking the International Emergency Economic Powers Act of to begin his one-man agreement war with preponderance of the rest of the world Because of the Constitution s express allocation of the tariff power to Congress we do not read IEEPA to delegate an unbounded tariff authority to the President We instead read IEEPA s provisions to impose meaningful limits on any such authority it confers they wrote Congress having granted the executive branch the authority to regulate importation does not allow the president alone to implement unbounded tariffs according to the judges And since Trump s tariffs as established lack any identifiable limits he s using far more authority than he was granted under the IEEPA they wrote The President s assertion of tariff-making authority in the instant situation unbounded as it is by any limitation in duration or scope exceeds any tariff authority delegated to the President under IEEPA The Worldwide and Retaliatory tariffs are thus beyond the president s legal power and contrary to law they wrote Trump was quiet throughout the day offering no comment on the matter either after the business court s decision or following the stay granted by the appeals court The stock markets perhaps already used to the on-again-off-again nature of the president s tariff policies thus far closed slightly up for the day