Appeals court gives Trump’s tariffs summer reprieve

Published 10:21 am Wednesday, June 11, 2025

The U.S. Court of Appeals for the Federal Circuit issued a brief order June 10 granting a motion by the Justice Department to stay a lower-court’s nationwide injunction against the tariffs. (Capital Press file photo)

A federal court ruled President Trump’s reciprocal and fentanyl-related tariffs can stay in place until the court decides whether the tariffs are legal.

The U.S. Court of Appeals for the Federal Circuit issued a brief order June 10 granting a motion by the Justice Department to stay a lower-court’s nationwide injunction against the tariffs.

The full appeals court said the case presents exceptionally important issues that warrant speedy consideration and tentatively set a hearing date for July 31. The order did not give any hint on how the court will ultimately rule.

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A 90-day pause on the “Liberation Day” tariffs announced in April expires July 9. U.S. attorneys argued repealing the tariffs immediately would undermine trade negotiations.

Trump said in a social media post the appeals court ruling means the U.S. can use tariffs to protect itself from other countries. “A great and important win for the U.S.,” he said.

The appeals court will review a ruling by the U.S. Court of International Trade. The New York-based court, which hears tariff-related cases, ruled Trump has exceeded the president’s power to levy tariffs.

The trade court ruling injected judges into political issues and interfered with foreign relations, the economy and national security, according to the Justice Department.

The appeals court received a friend-of-the court brief June 9 signed by 33 Democratic senators, urging the court to let the trade court’s injunction against the tariffs stand.

The tariffs are usurping Congress’ constitutional authority to levy duties on imports, the senators argued. The senators also complained Trump was using tariffs to make trade agreements not submitted to Congress for approval.

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