U.S. Court of Appeals for the Federal Circuit Grants Pause Over Trade Court Ruling – Tariffs Remain in Force

Sundance reporting for CTH 

Like I said last night, the Trump team followed their legal due diligence in several aspects of the tariff/trade deficit reset strategy, and it did not appear the New York trade court looked at any of the supportive material from the USTR and the Dept of Commerce.

Today, a full panel of U.S. Court of Appeals for the Federal Circuit granted a “stay” and paused the lower court ruling pending full appeal outcome and possible Supreme Court intervention.  [Ruling pdf Here]  The President Trump trade tariffs remain in place, and the ridiculous court-ordered refunding of previously collected tariffs is set aside.

[Source pdf]

The court is suspending the lower court decision until the appeals motions are filed and reviewed.  The multinational corporations have until June 5th to file their responses to the appeal, and the Trump administration has until June 9th to file their full appeal brief.

VIA CNBC – A federal appeals court on Thursday granted the Trump administration’s request to temporarily pause a lower court ruling that struck down most of President Donald Trump’s tariffs.

The Trump administration had earlier told the U.S. Court of Appeals for the Federal Circuit that it would seek “emergency relief” from the Supreme Court as soon as Friday if the tariff ruling was not quickly put on pause.

The judgment issued Wednesday night by the U.S. Court of International Trade is “temporarily stayed until further notice while this court considers the motions papers,” the appeals court said in its order.

The pause gives the Trump administration some breathing room as it prepares to argue that the trade court’s ruling should be halted for the duration of the appeals process.

The appeals court gave the plaintiffs — a group that includes state attorneys general and a handful of domestic businesses — one week to respond to the administration’s bid for a stay pending appeal. The U.S. will be able to reply to that response by June 9.

“This is merely a procedural step as the court considers the government’s request for a longer stay pending appeal,” said Jeffrey Schwab, a lawyer for the business plaintiffs, in a statement.

“We are confident the Federal Circuit will ultimately deny the government’s motion shortly thereafter, recognizing the irreparable harm these tariffs inflict on our clients,” Schwab said. (read more)

NBC is claiming the court, “barred the administration from making any future modifications to the tariffs in question.”  However, I do not see that in the order.  That looks like wishful thinking on behalf of the parent company who owns NBC.

Like I said last night…. Stay Calm. Be angry, but stay calm and frosty. Good, smart people are rapid firing legal analysis, supportive documents and strong ‘standing’ strategic information into the pipeline to assist.

For now, at least, the tariffs remain in place as they were before the trade court intervention.