The White House is acting quickly to preserve President Donald Trump’s trade plan after experiencing a significant legal setback on Wednesday, when a federal court invalidated most of his import duties. On that day, government attorneys sought an urgent suspension from the U.S. Court of International Trade. The following day, they submitted a comparable request to the D.C. Court of Appeals. In their 124-page document, they cautioned that if these courts do not halt the decision, they intend to appeal to the Supreme Court as soon as Friday to maintain the tariffs.
This represents the most notable judicial defeat during Trump’s second tenure.
Without an intervention from the [Trade] Court, the United States intends to seek urgent intervention from the Supreme Court tomorrow to avert irreversible damage to both national security and the economy,” the brief indicates. It comprises detailed appendices presenting the administration’s case.
The government claims that enforcing the ruling would unravel several “successful agreements” President Trump has reached with foreign nations. However, no binding trade agreements have been signed under Trump’s second term. His only major moves have been a non-binding agreement with the United Kingdom and a partial rollback of tariffs previously imposed on China.
Repeating Old Arguments, Facing New Resistance
The legal document revisits well-known points: arguing that tribunals do not have authority to question a president’s choice to use emergency powers, and that historical examples—particularly President Nixon’s emergency tariffs—back Trump’s actions. Nevertheless, the court’s ruling explicitly considers that precedent and concludes that it, in fact, bolsters the argument against Trump’s viewpoint.
The government warns that without a stay, “even if the tariffs are ultimately upheld, the damage to U.S. diplomatic and economic efforts could be irreversible.” It argues that revenue losses would be unrecoverable and that international negotiations would be seriously undermined.
A Legal Setback for Trump’s Tariff Policy
La Corte de Comercio Internacional de los Estados Unidos determinó por unanimidad que los amplios aranceles de Trump contravenían la Constitución y la ley federal, afirmando que el presidente había sobrepasado su autoridad al utilizar poderes de emergencia. La decisión anuló aranceles clave: un 25% sobre importaciones de Canadá y México, un 20% sobre productos chinos y los llamados “aranceles recíprocos” aplicados globalmente, que fueron inicialmente proclamados durante el controvertido “Día de la Liberación” y luego reducidos al 10% bajo la presión del mercado.
Political Firestorm: Attacks on the Judiciary
White House press secretary Karoline Leavitt denounced the ruling as “judicial overreach” and claimed it interferes with the president’s ability to negotiate. “The United States cannot function if President Trump—or any president—has delicate diplomatic and trade efforts thwarted by activist judges,” she said.
Deputy Chief of Staff Stephen Miller went further on social media: “We are living under judicial tyranny,” he tweeted Thursday night. “The judicial coup is out of control.”
Kevin Hassett, líder del Consejo Económico Nacional, dijo a Fox Business
he is confident the ruling will be overturned on appeal. While Trump has legal options to impose new tariffs, Hassett said, “We have no intention to do that right now because we’re very confident this ruling is wrong.” Leavitt, however, repeatedly emphasized that Trump retains those powers, leaving the door open for further action.
Supreme Court May Decide
The Supreme Court now has a conservative majority of 6–3, with three of these justices chosen by Trump. Nevertheless, this doesn’t ensure a positive result. The first decision was unanimous, authorized by three judges appointed by Trump, Ronald Reagan, and Barack Obama, providing the decision with bipartisan credibility.
Ministers Caution About Worldwide Impact
In an extraordinary move, four of Trump’s Cabinet members submitted statements to the Trade Court before its ruling, warning of severe consequences if the president’s tariff authority were revoked.
Secretary of Commerce Howard Lutnick claimed that the ruling would “weaken” the latest trade talks. Secretary of the Treasury Scott Bessent cautioned that it might “disrupt current negotiations” and lead to counteractions. U.S. Trade Representative Jamieson Greer expressed concern that international counterparts might “worsen competitive imbalances” to the detriment of American exporters. Secretary of State Marco Rubio noted that the court mandate would lead to “severe and lasting damage to U.S. diplomatic and national defense interests.”
The government still needs to submit its complete appeal concerning the case’s merits but is using every legal and political strategy to maintain Trump’s tariff system—at least for the time being—in front of the nation’s top court.
