Posted on 05/29/2025 3:03:05 PM PDT by SmokingJoe
We're getting a bit of federal court whiplash Thursday on the tariff front.
As RedState reported Wednesday evening, in a pair of cases, the Court of International Trade (CIT) held that the Trump administration's actions on tariffs, invoking the International Emergency Economic Powers Act (IEEPA), exceeded the president's authority under the statute and thus violated the separation of powers set forth by the Constitution.
The ink had barely dried on that decision before the administration appealed it to the Federal Circuit Court of Appeals. Now, that court has pressed pause on the lower court ruling.
In a per curiam order issued Thursday afternoon, 11 of the Federal Circuit's 12 active judges agreed to:
consolidate the appeals of the two related cases; issue an administrative stay of the CIT's decision "until further notice" The court also gave the plaintiffs until June 5 to respond to the administration's motion for stay pending appeal, and the administration until June 9 to reply to that. (Reminder: The administrative stay entered today is a temporary pause "while this court considers the motions papers." A full stay pending appeal would place the lower court ruling on hold while the case is appealed on the merits — that's what the parties are now directed to file additional briefing on.)
So, in a nutshell, the appellate court temporarily paused the CIT's decision from Wednesday, and the tariffs at issue in those cases can remain in effect.
(Excerpt) Read more at redstate.com ...
That should take the smirk off the news media’s gloating on this issue all day. Headline after headline...
Was anything said about the conflict of interest?
Wow. That was fast. And en banc too.
Now they’ve given the countries Trump was negotiating with hope that if they hold out things will go back to the status quo.
Very bad idea if they tried that.
They’d inevitably lose.
I am getting overload of WINNING!
That is wonderful!
Not yet!
I suspect places like Europe were counting on that extra money for foreseeable future and now they have to come up with a way to raise money quick. My guess is they will put out more record fines against American companies to try to make up the difference.
Anyone got a circuit court bingo card? Hard time keeping up at this point.
I agree.
??? China uses prison labor among other schemes.
Well when there are no consequences for lower courts issuing unlawful orders. They apparently just gonna keep issuing them. If they’re overturned by higher courts there is no corrective action or penalty for the lower court. Also note Biden told the courts to pound sand and nothing was done to enforce those rulings! So boys and girls can you say anarchy sure you can! It’s a lovely day in the court system, Can I issue you a ruling? Sure I can…..
There are serious consequences.
And overturning them bring in even more consequences for the Democrats.
But what about the plane from Dubai? ;) LOL!
Next.
Maybe we need to get rid of some courts.
I’m getting dizzy.
I was referring to the courts and judges. No system to stop judges who want to create laws.
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