The White House is working at full speed to save President Donald Trump’s trade strategy following a major legal defeat on Wednesday, when a federal court struck down most of his import tariffs. On the same day, administration lawyers requested an emergency stay from the U.S. Court of International Trade. On Thursday, they filed a similar request with the D.C. Court of Appeals. In their 124-page brief, they warned that if those courts do not block the ruling, they will appeal to the Supreme Court as early as Friday to keep the tariffs in place.
This marks the most significant legal setback of Trump’s second term.
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.
Reviving Old Discussions, Confronting New Opposition
The legal filing rehashes familiar arguments: that courts lack authority to challenge a president’s decision to invoke emergency powers, and that precedent—namely President Nixon’s emergency tariffs—supports Trump’s actions. However, the court’s decision explicitly addresses that precedent and finds that it actually strengthens the case against Trump’s interpretation.
El gobierno advierte que sin una suspensión, “aunque los aranceles sean finalmente confirmados, el daño a los esfuerzos diplomáticos y económicos de EE.UU. podría ser irreversible”. Afirman que las pérdidas de ingresos serían irrecuperables y que las negociaciones internacionales se verían gravemente afectadas.
A Legal Blow to Trump’s Tariff Doctrine
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 Tempest: Assaults on the Judicial System
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, head of the National Economic Council, told Fox Business
He is certain the decision will be reversed on appeal. Although Trump has legal avenues to introduce new tariffs, Hassett noted, “We do not plan to proceed with that currently because we firmly believe this decision is incorrect.” Leavitt, on the other hand, stressed that Trump still holds those authorities, suggesting the possibility of additional steps.
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 unusual action, four members of Trump’s Cabinet presented declarations to the Trade Court prior to its decision, cautioning about significant consequences if the president’s power to impose tariffs were annulled.
Commerce Secretary Howard Lutnick claimed that the decision would “weaken” recent trade talks. Treasury Secretary Scott Bessent cautioned that it could “disrupt current negotiations” and lead to countermeasures. U.S. Trade Representative Jamieson Greer worried that international collaborators might “heighten competition disparities” affecting American exporters. Secretary of State Marco Rubio stated the court ruling would bring about “substantial and irreversible damage to U.S. foreign policy and national security.”
The administration has yet to file its full appeal on the merits but is pulling all legal and political levers to preserve Trump’s tariff framework—at least temporarily—before the country’s highest court.