The Daily Fuckup

A federal appeals court on June 11, 2026, stayed the Court of International Trade’s injunction in a case over President Donald Trump’s Section 122 tariff, keeping the 10% ad valorem import duty in effect while the appeal moves forward. The order does not decide whether the tariff is lawful. It preserves the status quo for now, which means the duty remains collectible unless and until the appellate court or the underlying case changes that result.

The tariff began with a White House proclamation on February 20, 2026, which invoked Section 122 of the Trade Act of 1974 and set a 10% ad valorem import duty on covered imports. The same fact sheet said the duty would take effect on February 24, 2026. In May, the Court of International Trade ruled against the proclamation and entered a permanent injunction for the plaintiffs in the case, which included the State of Washington and two private importers. The Federal Circuit first issued an administrative stay on May 12, then extended the pause on June 11 while it considers the government’s request for a stay pending appeal.

The practical effect is immediate even if the legal question is still unsettled. Importers covered by the litigation remain subject to the tariff for now, and the government retains the ability to continue collecting it while the appeal is pending. Any refund obligation or narrowing of the duty would depend on what happens next in court, not on the temporary appellate order.

The court fight over the Section 122 duty sits alongside separate Trump trade actions this month targeting steel, aluminum, and copper imports. Those measures are legally distinct. For this case, though, the June 11 order means the tariff stays in place during appellate review, not that the underlying dispute is over.