Today, the US Court of Appeals for the Federal Circuit imposed a stay blocking enforcement of the Court of International Trade's ruling against Donald Trump's massive Section 122 tariffs (which impose a 10% tariff on most imports from countries around the world). The Court of International Trade had previously rejected a similar motion for a stay, but that is now overruled. The stay will continue until the appeals process concludes. The case involves two consolidated lawsuits: one filed by the Liberty Justice Center (the same public interest group that I worked with on the earlier case that led to the invalidation of Trump's IEEPA tariffs by the Supreme Court) on behalf of two small-business importers, and one brought by 24 state governments led by the state of Oregon.
Today's decision isn't a ruling on the merits of the case, and the panel that issued it likely will not be the same one that hears the merits. But it's problematic, nonetheless.
