Appeals judges in the US have effectively reinstated Trump’s import tariffs following a ruling by the US Court of International Trade on Wednesday (28 May) that the taxes were “invalid”.
After the trade court concluded the implementation of tariffs “exceed any authority granted to the President”, and therefore were “invalid and cannot be implemented”, Trump and is team immediately rallied against the order by filing an appeal with the Washington-headquartered US Court of Appeals for the Federal Circuit.
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That appeal for a stay of execution was granted yesterday (29 May).
“The request for an immediate administrative stay is granted to the extent that the judgments and the permanent injunctions entered by the Court of International Trade in these cases are temporarily stayed until further notice while this court considers the motions papers,” the Appeals court said in a statement.
Plaintiffs were directed by the Court to respond to the stay order by 5 June and the US administration led by Trump by 9 June, and no later in both cases.
New York State attorney general Laetitia James was part of the coalition of 11 other attorneys who sued the Trump administration over imposing the global tariffs using the International Emergency Economic Powers Act (IEEPA).
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By GlobalDataThe Appeals court indicated the US Court of International Trade has yet to respond to its decision, while Trump suggested on social media that the case may go before the US Supreme Court to make a final judgment.
In yesterday’s statement, the Appeals judges explained with respect to the ruling on Wednesday by the trade court.
“The United States moves to consolidate its appeals from those rulings and has applied for this court to stay the judgment and injunction pending these appeals and for an immediate administrative stay while the court considers that motion. The United States’s request for the Court of International Trade to grant the same relief remains pending before that court.”
Trump took to the social media platform Truth Social to vent his frustration, calling the ruling by the US Court of International Trade as “so wrong, and so political”.
The President added: “Hopefully, the Supreme Court will reverse this horrible, country threatening decision, quickly and decisively.
“The horrific decision stated that I would have to get the approval of Congress for these tariffs. In other words, hundreds of politicians would sit around D.C. for weeks, and even months, trying to come to a conclusion as to what to charge other countries that are treating us unfairly.
“If allowed to stand, this would completely destroy Presidential power – the Presidency would never be the same.”
New York State attorney general James had said on Wednesday that “no president has the power to single-handedly raise taxes whenever they like” and outlined some of the potential impacts.
“These tariffs are a massive tax hike on working families and American businesses that would have led to more inflation, economic damage to businesses of all sizes, and job losses across the country if allowed to continue.”
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