Appeals court stays ruling that blocked Trump tariffs

Administration had filed appeal shortly after trade court ruling

A container ship berthed at the Port of Los Angeles. (Photo: Jim Allen/FreightWaves)

A federal appeals court on Thursday temporarily stayed a trade court ruling that blocked most of President Donald Trump’s tariffs. 

The ruling by the U.S. Court of Appeals for the Federal Circuit came after the Trump administration earlier told the court that it would ask the Supreme Court for “emergency relief” as soon as Friday absent a pause in the tariff ruling.

The administration is now expected to argue that it is granted broad powers under the law to levy tariffs and other duties.

The stay follows a decision Wednesday night by the U.S. Court of International Trade that temporarily blocked the tariffs as unconstitutional while it considers legal challenges.

The trade court of three judges which included a Trump appointee held that the International Emergency Economic Powers Act does not give the president unlimited powers to enact tariffs and other duties.

The Trump administration filed an appeal shortly after that judgment.

Analysts have pointed out that the trade court’s decision does not apply to tariffs on aluminum, automobiles and parts, which Trump applied under a different authority.

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Stuart Chirls

Stuart Chirls is a journalist who has covered the full breadth of railroads, intermodal, container shipping, ports, supply chain and logistics for Railway Age, the Journal of Commerce and IANA. He has also staffed at S&P, McGraw-Hill, United Business Media, Advance Media, Tribune Co., The New York Times Co., and worked in supply chain with BASF, the world's largest chemical producer. Reach him at stuartchirls@firecrown.com.