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The Trump administration is fighting to suspend President Donald Trump’s second-term signature economic policy, the Second Court ruling that blocked President Donald Trump’s cleaning and so-called mutual tariffs.
The administration’s new appeal, filed Monday in the U.S. DC Court of Appeals, comes less than a week after a very similar court challenge was made at the U.S. Court of International Trade (CIT) in New York and the Federal Circuit Court of Appeals in Washington.
The problem in both cases is that Trump will use the International Emergency Economic Force Act to enact his sweeping “liberation day” tariff plan. The plan, announced by Trump on April 2, calls Ieepa on both a 10% baseline tariff on most US trading partners and so-called “mutual tariffs” on other countries.
Trump’s tariff plans face an uncertain future as court battles intensify
Trump will make a tariff remark at the White House Rose Garden on April 2, 2025 (Reuters/Carlos Barrier/File Photo)
Trump’s use of emergency laws to invoke widespread tariffs was hit unanimously last week by three judge CIT panels. However, the decision was almost immediately followed by a US court of appeals, allowing Trump’s tariffs to continue.
However, in a very unmistakable ruling on the same day, Obama’s appointee, U.S. District Judge Rudolf Contreras, found Trump’s tariffs to be illegal under Ieepa.
His previous lawsuit was in a limited scope than the lawsuit heard by CIT, so the plaintiffs in the lawsuit focused on harm to two small businesses, and were barely noticed in news headlines compared to harm from the broader tariff plans.
But that changed on Monday.
Trump condemns the court’s “political” tariff decision and calls on the Supreme Court to act quickly
A woman under the purple umbrella walks past the Supreme Court on February 28, 2024 in Washington, DC (AP Photo/Jacquelyn Martin)
Justice Department attorneys have asked the U.S. Court of Appeals to immediately maintain the judge’s ruling on the DC Circuit, a Washington-based court but still separate from the federal Court of Appeals.
They argued that the judge’s ruling for Trump’s use of Yepah would undermine his ability to use tariffs as a “reliable threat” to trade talks in an age when such negotiations “are at a sensitive point now.”
“By negating tariffs, the district court’s decision threatens to disrupt sensitive and ongoing negotiations with virtually all trading partners by robbing the president of its powers and obtaining the premise of sensitive negotiations.
Economists also appeared to share this view that sudden tariffs are more of a negotiation tactic than actual policy supporters.
Trump’s tariff plans face an uncertain future as court battles intensify
The bottom line of the Trump administration is that they need to go back to their place. [where] They use these huge mutual tariffs and all of them as negotiation tactics,” said William Klein, an economist and senior fellow honorary at the Peterson Institute for International Economics, in an interview.
Cline said this was a framework previously laid out by Treasury Secretary Scott Bessent, who had accepted tariffs as the opening salvo for future trade talks, including between the US and China.
President Donald Trump speaks to reporters after David Purdue is sworn in as U.S. ambassador to China. (AP Photo/Mark Schiefelbein)
“I think we’ll keep in mind that Trump and Vance have this view that tariffs are beautiful as they will restore work on America’s rusty belt.
“Both of these are fantasies.”
In this case, I still can’t find what comes next. The White House said it will hold a tariff fight with the Supreme Court if necessary. The plaintiff’s lawyers reflected that view in an interview with Fox News.
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However, it is unclear whether the Supreme Court will choose to take up the case. This comes when Trump’s relationship with the judiciary is exposed to increasing tensions.
In the 20 weeks since the start of his second White House term, Trump administration lawyers have filed 18 emergency appeals with the High Court, demonstrating both the pace and breadth of the tense court battle.
Breanne Deppisch is a national political reporter for Fox News Digital, covering the Trump administration, focusing on the Department of Justice, the FBI and other national news.
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