Federal court reinstates Trump’s tariffs pending appeal
Published 10:37 am Friday, May 30, 2025

- Shipping containers with imported goods are unloaded in this file photo. A federal appeals court has reinstated the Trump administration's tariffs pending its appeal of a lower court's ruling. (Capital Press file photo)
A federal appeals court temporarily reinstated President Donald Trump’s retaliatory and reciprocal tariffs, as the Justice Department appeals a lower-court ruling that declared the tariffs illegal.
The U.S. Court of Appeals for the Federal Circuit stayed May 29 the ruling against the tariffs by the U.S. Court of International Trade. The Justice Department sought the stay, claiming eliminating the tariffs would unilaterally disarm the U.S. as it negotiates to end predatory trade practices by other countries.
In a social media post, Trump said the stay by the appeals court was fortunate, but blasted the trade court and looked past the appeals court to a final ruling by the Supreme Court.
“The ruling by the U.S. Court of International Trade is so wrong, and so political! Hopefully, the Supreme Court will reverse this horrible country threatening decision, QUICKLY and DECISIVELY,” he wrote.
The New York-based trade court ruled May 28 that Trump exceeded the president’s powers by imposing fentanyl-related tariffs on China, Mexico and Canada, and reciprocal tariffs on all trading partners. The court gave the Trump administration 10 days to unwind the tariffs.
The three-judge panel said it wasn’t passing judgment on the wisdom or effectiveness of the president using tariffs as leverage in trade negotiations. Congress has not given the president a free-hand to set unlimited tariffs, nor can it under the Constitution, the judges ruled.
The Justice Department argued Trump has authority to set tariffs under the International Emergency Economic Powers Act of 1977.
On social media, Trump said the “horrific decision” would force him to get congressional approval for tariffs. “In other words, hundreds of politicians would sit around D.C. for weeks, even months, trying to come to a conclusion as to what to charge other countries that are treating us unfairly,” Trump wrote.
“The President of the United States must be allowed to protect Americans against those that are doing it Economic and Financial harm,” he wrote.
The two lawsuits threatening to take down Trump’s tariffs were filed by a group of small businesses and a 12-state coalition led by Oregon Attorney General Dan Rayfield. The appeals court consolidated the two suits into one case.