The Legal Battle Over the Motion to Stay the Decision Against Trump’s Tariffs
Last week, the US Court of International Trade issued a major ruling striking down Trump’s massive “Liberation Day” tariffs and other tariffs imposed under the the International Emergency Economic Powers Act of 1977 (IEEPA). The ruling came in a case filed by Liberty Justice Center and myself on behalf of five US businesses harmed by the tariffs, and also covers a related case filed by twelve states led by Oregon. The case is now on appeal to the US Court of Appeals for the Federal Circuit, and that court has issued a brief “administrative stay” temporarily blocking enforcement of the CIT decision to give time to consider whether there should be a more permanent stay pending appeal.
The stay question may seem like one of those technical legal issues of interest only to lawyers and academics. But, in this case, it has great practical significance. If we defeat the government’s motion for a stay pending appeal, the tariffs will be quickly lifted (probably within a few days after the administrative stay ends), and businesses that have previously paid IEEPA tariffs can begin the process of getting them refunded. That would stop the vast damage these tariffs are inflicting on many thousands of businesses (like our clients) who depend on imports, and tens of millions of consumers who face higher prices on a vast range of goods. If, on the other hand, the Federal Circuit grants the motion for a stay pending appeal, the tariffs will stay in place until the appellate process is over, which could take months, or even a year or more (if the case gets to the Supreme Court).
I won’t go over the arguments
Article from Reason.com
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