A federal appeals court allowed President Donald Trump to continue charging tariffs on imports from dozens of countries through at least the end of July, while the case plays out.
The unsigned order Tuesday from the U.S. Court of Appeals for the Federal Circuit extended an earlier order from the judges that temporary paused a ruling from a three-judge panel of the Court of International Trade. That court found the tariffs likely exceeded Trump’s authority under the International Emergency Economic Powers Act of 1977 and blocked them.
The Federal Circuit’s order set up oral arguments before the full appeals court for July 31 in the challenge from companies and states who argue that Trump’s broad tariff policies exceed his authority.
The Trump administration appealed that lower court order and the Federal Circuit issued an administrative pause to allow time to consider whether to let the tariffs take effect while the case plays out.
Tuesday’s order resolved that stay and lets the Trump administration charge the tariffs going forward.
Trump praised the order in a post on social media Wednesday. Trump campaigned on a protectionist trade policy and has argued that tariffs can help generate revenue for the federal government, spur domestic manufacturing growth and spur trade deals.
“A Federal Appeals Court has just ruled that the United States can use TARIFFS to protect itself against other countries. A great and important win for the U.S.,” Trump posted.
The order came hours before Trump announced a deal with negotiators from China, which has been a frequent target of Trump’s ire over trade issues. On social media Trump said the deal would include rare earth minerals, an agreement on Chinese students studying in the United States and potentially a 55 percent tariff rate on Chinese goods.
The companies and states involved in the combined case argued that Trump’s tariffs brought under the IEEPA were illegal. They argued that the law, which does not mention tariffs, was not meant to allow the president to set his own tariff rates — a power meant to be reserved for Congress.
Trump invoked that law to justify some of the tariffs on Canada, China and Mexico and the tariffs of 10 percent or more on most countries set to take effect in July.
The oral arguments in the case are set for several weeks after those new rates take effect.
The cases in Washington are separate from a lawsuit brought by California which was dismissed by a federal judge last week.
The combined cases are State of Oregon et al. v. the Department of Homeland Security et al., and V.O.S. Selections et al. v. United States et al.
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