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President Trump’s tariffs will take effect for now after a federal appeals court ruled on Tuesday that it would suspend a lower court decision that blocked them.
The U.S. Federal Circuit Court of Appeals granted his stay and planned to have a quick review of the case.
The lawsuit includes challenges from five small businesses and a coalition of states claiming that President Trump’s use of the International Emergency Economic Force Act (IEEPA) to impose tariffs is illegal.
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President Donald Trump will speak at the FIFA Task Force meeting in Washington in the East Room of the White House on Tuesday, May 6, 2025. (AP Photo/Mark Schiefelbein)
The US International Trade Court took sides with the plaintiffs earlier this year and issued an order blocking tariffs. That decision is pending as further review is pending.
The Federal Circuit has found that both sides raised substantial debate and that stays are appropriate under the legal criteria used to assess such movements.
A simple court order said a stay was required to maintain the status quo while the appeal was ongoing. This case will be heard by a full bench of active judges in the EN BANC session. This is a rare move reserved for exceptional legal significance issues.
Oral discussion is scheduled for Court 201 at 10am on July 31st at Federal Circuit Court in Washington, D.C.
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President Donald Trump will speak on Wednesday, February 5th, 2025 in the Eastern Room of the White House in Washington. (AP Photo/Alex Brandon)
The Liberty Justice Center, representing the five companies, criticized the court’s decision to allow tariffs to stay temporarily, but welcomed the accelerated review.
“The Federal Circuit is disappointed that it has allowed us to temporarily maintain illegal tariffs,” said Jeffrey Schwab, senior advisor and litigation director at the Liberty Judicial Center.
“It is important to note that so far, all courts governing the full-scale rules have found these tariffs illegal. This court likewise believes what is obvious as a day. IEEPA believes it does not allow the President to impose taxes whenever he wishes.
The full opinion can be read here.
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White House spokesman Kush Desai said in a statement to Fox News Digital that he defended the Trump administration’s enforcement power and welcomed the U.S. Circuit Court of Appeals’ order to stay.
“The Trump administration is legally using the powers granted to the executive branch by the Congress to address the nation’s permanent commodity trade deficit and drug trafficking. The US Circuit Court’s stay order is a welcome development and we look forward to ultimately winning the court,” Desai said.
Jasmine is a writer for Fox News Digital and is a New Orleans-based military spouse. Stories can be sent to jasmine.baehr@fox.com
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