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Will Trump tariffs survive lawsuits? What to know about the legal battle

Erik Larson and Laura Curtis / Bloomberg
Erik Larson and Laura Curtis / Bloomberg • 7 min read
Will Trump tariffs survive lawsuits? What to know about the legal battle
The ruling determined that Trump’s executive orders to impose tariffs exceeded his authority under the emergency law / Photo: Bloomberg
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The vast majority of US President Donald Trump’s tariffs remain in limbo after a federal appeals court ruled that they were issued illegally under an emergency law while agreeing to keep them in place while the case proceeds. The US Court of Appeals for the Federal Circuit on Aug 29 upheld an earlier decision by the US Court of International Trade. Both courts concluded that Trump wrongfully invoked an emergency law, the International Emergency Economic Powers Act (IEEPA), to justify the duties — a rare rebuke as the courts tend to defer to the president on trade matters.

The appeals court allowed the tariffs to remain in place at least through Oct 14 to give the Trump administration time to make a final appeal directly to the Supreme Court, which it has said it will do. The appeals court also said the trade court should revisit its decision to block the relevant tariffs for everyone, rather than just the parties who filed suit.

Which tariffs does the ruling apply to?

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