A federal appeals court on Thursday temporarily reinstated President Trump’s tariffs after the Court of International Trade in New York said President Trump exceeded his authority to impose tariffs under the International Emergency Economic Powers Act of 1977 (IEEPA).
The Trump Administration immediately appealed the federal court’s permanent injunction on Wednesday evening.
The En Banc order (court’s entire slate of judges) granted the Trump Administration an immediate administrative stay less than 24 hours later.
One judge did not participate.
“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 federal circuit court said according to the order reviewed by The Gateway Pundit.
According to CNN, the federal court’s Wednesday injunction halted “Trump’s 30% tariffs on China, his 25% tariffs on some goods imported from Mexico and Canada, and the 10% universal tariffs on most goods coming into the United States. It does not, however, affect the 25% tariffs on autos, auto parts, steel or aluminum, which were subject to Section 232 of the Trade Expansion Act – a different law than the one Trump cited for his broader trade actions.”
Last week US District Court Judge T. Kent Wetherell suggested President Trump had the authority to impose tariffs under IEEPA, a ruling from the 1970s, but did not issue an order.
“According to the judge, the International Emergency Economic Powers Act of 1977 gives Trump the authority to set tariffs for reasons other than raising revenue. Wetherell wrote that Trump’s justification for the tariffs — both stemming the flow of illicit drugs into the country and resolving a trade imbalance — is sufficient to satisfy the terms set by Congress,” ABC News reported last week.
However, rather than issuing an order, Judge Wetherell punted the case from a federal court in Southern Florida to the Court of International Trade.
The judge transferred one of the lawsuits to the federal court in New York.
On Wednesday, a three-judge panel at the US Court of International Trade ruled President Trump exceeded his authority to unilaterally impose tariffs under IEEPA.
The three judge panel including: Gary Katzmann (Obama), Timothy Reif (Trump) and Jane Restani (Reagan).
In a separate federal court on Thursday, an Obama appointed judge ruled Trump’s tariffs are unlawful.
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