Federal appeals court leaves Trump global tariff in place temporarily while case proceeds

A federal appeals court on Thursday ruled that President Trump’s 10 percent global tariff can remain in place for now, deciding that the tariff is likely to be lawful at least through the period before the court issues a final decision in the case, according to The Hill.

The administration imposed the new 10 percent levy after the Supreme Court invalidated Trump’s prior emergency tariff action on the grounds that it exceeded presidential authority, The Hill reported. The latest tariff was therefore set against a backdrop of a higher court limiting how far the executive branch can go when invoking emergency power to impose trade restrictions.

After the new tariff was implemented, a federal trade court determined last month that the tariff was unlawful and blocked officials from enforcing it against a group that brought the case, The Hill said. That intervention prevented immediate broad enforcement while the parties pursued further appellate review.

In the Thursday ruling, the appeals court allowed the tariff to stay in effect until it returns a final word, effectively reversing the practical timing of the earlier trade-court block for at least the duration of the appeal process, according to The Hill. The ruling means importers and enforcement agencies will continue operating under the 10 percent charge while the appellate proceedings continue.

The case focuses on the legality of the tariff authority used to impose the global levy and how it fits within constitutional and statutory limits placed on presidential trade powers, The Hill said. The appeals court’s decision indicates it viewed the government’s position as having sufficient legal grounding to avoid an immediate halt while the merits are addressed.

If the appeals court ultimately issues a ruling that the tariff must be lifted, the tariff’s continued operation during the appeal could increase the likelihood of disputes over what was collected and how liability is handled for importers in the interim, The Hill said. If the appeals court upholds the tariff, that would leave the tariff in place unless further review results in a different outcome.

The next steps in the litigation were not detailed in the report, but the practical effect of Thursday’s ruling is to keep the 10 percent global tariff active while courts finalize the underlying legal questions.

The Hill reported the appeals court’s temporary stay as allowing enforcement to continue, even as earlier lower-court decisions and the Supreme Court’s prior tariff ruling remain central to the dispute over executive authority and due process in how trade remedies are applied.