WASHINGTON - A federal appeals court allowed President Donald Trump’s most sweeping tariffs to remain in effect on June 10 while it reviews a lower court decision blocking them on grounds that Mr Trump had exceeded his authority by imposing them.
The decision by the US Court of Appeals for the Federal Circuit in Washington, DC means Mr Trump may continue to enforce, for now, his “Liberation Day” tariffs on imports from most US trading partners, as well as a separate set of tariffs levied on Canada, China and Mexico.
The appeals court has yet to rule on whether the tariffs are permissible under an emergency economic powers act that Mr Trump cited to justify them, but it allowed the tariffs to remain in place while the appeals play out.
The tariffs, used by Mr Trump as negotiating leverage with US trading partners, and their on-again, off-again nature have shocked markets and whipsawed companies of all sizes as they seek to manage supply chains, production, staffing and prices.
The ruling has no impact on other tariffs levied under more traditional legal authority, such as tariffs on steel and aluminium imports.
A three-judge panel of the US Court of International Trade ruled on May 28 that the US Constitution gave Congress, not the president, the power to levy taxes and tariffs, and that the president had exceeded his authority by invoking the International Emergency Economic Powers Act (IEEPA), a law intended to address “unusual and extraordinary” threats during national emergencies.
The Trump administration quickly appealed the ruling, and the Federal Circuit in Washington put the lower court decision on hold the next day while it considered whether to impose a longer-term pause.
The ruling came in a pair of lawsuits, one filed by the nonpartisan Liberty Justice Centre on behalf of five small US businesses that import goods from countries targeted by the duties and the other by 12 US states.
Mr Trump has claimed broad authority to set tariffs under IEEPA. The 1977 law has historically been used to impose sanctions on enemies of the US or freeze their assets.
Mr Trump is the first US president to use it to impose tariffs.
Mr Trump has ...