A US federal appeals court has temporarily reinstated Donald Trump’s contested tariffs, pausing a lower court’s ruling that found the former president had overstepped his authority under emergency powers.
The move comes just one day after the US Court of International Trade blocked Trump’s sweeping “Liberation Day” tariffs—flat import duties imposed in April on nearly all US trading partners, as well as targeted levies on goods from China, Mexico, and Canada. The trade court concluded that the tariffs, enacted under the 1977 International Emergency Economic Powers Act (IEEPA), “exceeded any authority granted to the President.”
The Court of Appeals for the Federal Circuit granted a temporary administrative stay on Thursday, allowing the tariffs to remain in effect while it reviews the case. Plaintiffs have until June 5 to respond, with the government’s reply due by June 9.
The Trump administration had warned it would seek emergency relief from the US Supreme Court if the stay was not granted. “Ultimately, the Supreme Court must put an end to this for the sake of our Constitution and our country,” White House press secretary Karoline Leavitt said.
Critics of the trade court ruling, including Trump advisers Peter Navarro and Stephen Miller, accused judges of judicial overreach and political bias. “We are living under a judicial tyranny,” Miller wrote, while Navarro called the ruling “pro-importer” and claimed it would undermine months of trade negotiations.
Despite the legal setback, the administration remains defiant. Officials have flagged alternative avenues to reimpose tariffs under other legal provisions—such as Sections 232 and 301 of the Trade Acts of 1962 and 1974—which could target specific sectors like steel, semiconductors, or pharmaceuticals. However, those mechanisms typically require formal investigations and may take months to implement.
Markets responded calmly to the back-and-forth, with investors largely anticipating a drawn-out appeals process. Some analysts warned the dispute could weaken Trump’s leverage in ongoing trade talks, as partners await legal clarity.
