Federal Circuit: Temporary halt of trade court’s judgment on tariffs
Tariffs overturned by U.S. Court of International Trade will now stay in effect.
The U.S. Court of Appeals for the Federal Circuit today issued an order consolidating appeals and granting a temporary stay concerning a decision by the U.S. Court of International Trade that overturned tariffs imposed by the president under the International Emergency Economic Powers Act (IEEPA) because they were not legally authorized. Read TradeNewsFlash
The case is: V.O.S. Selections, Inc. v. Trump, No. 25-1812 (Fed. Cir. May 29, 2025). Read the court’s order
The Federal Circuit's order temporarily halts the enforcement of the Court of International Trade's judgment, which found that the president's authority under IEEPA does not extend to imposing tariffs without clear congressional guidelines, as required by the nondelegation and major questions doctrines. The Worldwide and Retaliatory Tariffs were deemed beyond presidential authority due to their lack of identifiable limits and failure to adhere to congressional conditions for regulating importation. Furthermore, the Trafficking Tariffs were ruled unauthorized because they did not directly address the threats they purported to target.
The plaintiffs-appellees must respond to the United States' motions for a stay by June 5, 2025, and the United States may file a consolidated reply by June 9, 2025.