(JCK Online)—As expected, a federal appeals court has temporarily reinstated the bulk of President Trump’s tariffs, less than 24 hours after the U.S. Court of International Trade (CIT) ordered they be terminated within 10 days.
Following an emergency request from the Trump administration, the U.S. Court of Appeals for the Federal Circuit stayed the lower court’s order while it considers the government’s request for a longer stay.
The Wall Street Journal noted that “administrative stays are common in emergency appeals” and that the order “wasn’t a ruling on the merits of the litigation.”
Still, the appeals court’s action showed that legal fights over the tariffs will likely be long and protracted, with Trump vowing to take the case to the Supreme Court, as well as suggesting he might use other means to impose levies.
Sara Yood, president and CEO of the Jewelers Vigilance Committee (JVC), tells JCK via email that jewelry “businesses will need to continue to pay the [International Emergency Economic Powers Act]–related tariffs on imports—including the 25% fentanyl-related tariffs on Canada and Mexico, the 20% fentanyl-related tariffs on China, and the additional 10% ‘reciprocal’ tariffs on most other countries—for now while the case works its way through the appeals process.
“JVC recommends that businesses keep careful and detailed records of all tariffs paid on imports so that if ultimately the tariffs are declared invalid and refunds are available, they will have the documentation they need to file,” she continues. “JVC expects that because tariffs are a centerpiece of the Trump administration’s strategy, they will continue to pursue alternate legal authority to levy tariffs, even if this specific route is overturned. Jewelry businesses should be prepared to continue to face this challenge.”
In a 3-0 ruling on Wednesday, the CIT had ruled that that the International Emergency Economic Powers Act, the law that Trump used to impose the levies, didn’t give the president “unbounded authority” to impose tariffs on “goods from nearly every country in the world.”
Liberty Justice Center, the libertarian group that challenged the tariffs in the court on behalf of five small businesses, wrote on X that the appeals court’s decision “is merely a procedural step.”
“We are confident the Federal Circuit will ultimately deny the government’s motion shortly thereafter, recognizing the irreparable harm these tariffs inflict on our clients,” the organization said. “This harm includes the loss of critical suppliers and customers, forced and costly changes to established supply chains, and, most seriously, a direct threat to the very survival of these businesses.”
On Truth Social, Trump complained that the initial court decision “stated that I would have to get the approval of Congress for these Tariffs.… If allowed to stand, this would completely destroy Presidential Power — The Presidency would never be the same!”
He also suggested that the ruling was caused by “hatred of TRUMP… What other reason could it be?”
Author: Rob Bates