Story · June 10, 2025

Federal appeals court keeps Trump tariffs in effect while appeal moves ahead

Tariff uncertainty Confidence 5/5
★★★☆☆Fuckup rating 3/5
Major mess Ranked from 1 to 5 stars based on the scale of the screwup and fallout.
Correction: Correction: the Federal Circuit’s June 10 order granted a stay pending appeal and ordered expedited en banc review; a later June 13 scheduling order set the briefing dates and July 31 oral argument.

A federal appeals court kept President Donald Trump’s tariffs in effect on June 10 while the government’s appeal continues, preserving the status quo for now even as the legality of the duties remains unsettled. The ruling means the tariffs stay in place while the court takes up the dispute over whether Trump had the authority to impose them under the emergency powers law he invoked.

The case centers on the administration’s April tariffs, including the 10% duties applied to nearly all countries and larger country-specific tariffs that were later suspended for some trading partners. The lower court had blocked the measures, finding the administration went beyond its authority. The appeals court’s stay does not resolve that issue. It simply keeps the tariffs collecting at the border while the legal fight moves forward.

The Federal Circuit also agreed to hear the case en banc, an unusual step that brings the full court into the dispute and signals that judges see it as an issue of exceptional importance. The appeal is being handled on an expedited basis, which means the next round of briefing and argument will come sooner than in a typical federal case.

For the White House, the decision is a short-term reprieve, not a final win. Importers, manufacturers and retailers still have to plan around a tariff regime that remains in place only because a court has said it should stay there pending review. That leaves the administration able to point to the duties as active policy, even though the underlying question of legality is still open.

The ruling also keeps alive a larger practical problem: businesses cannot treat the tariffs as settled law while the courts are still deciding whether the president had the power to impose them in the first place. That uncertainty affects pricing, sourcing and contracting even before any final judgment arrives. So on June 10, the tariffs were still on. They were not secure.

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