On June 10, 2025, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a stay keeping both tranches of President Donald Trump’s tariffs implemented under the International Emergency Economic Powers Act of 1977 (IEEPA) (50 U.S.C. § 1701 et seq.) in effect until final adjudication by the appellate court. The per curiam (i.e., unanimous) order extends the temporary stay previously issued by the CAFC on May 29, 2025, after a decision from the U.S. Court of International Trade (CIT) published the day before held that President Trump’s invocation of the IEEPA was unconstitutional and vacated the two tranches. See Update of May 29, 2025. President Trump had invoked the IEEPA to impose so-called “reciprocal” tariffs against nearly every country in the world (see Update of April 10, 2025), and specific tariffs against Canada and Mexico (see Update of March 6, 2025) and China (see Update of May 12, 2025).
In granting the U.S. government’s motion for the stay, the CAFC acknowledged that “[b]oth sides have made substantial arguments on the merits,” but “[h]aving considered the traditional stay factors…the court concludes a stay is warranted under the circumstances.” The U.S. government’s motion follows its appeal of the CIT decision, which sided with a consolidated group of plaintiffs consisting of 5 small businesses and 12 U.S. states.
Next Steps
The CAFC noted in the order that these issues were “of exceptional importance warranting expedited en banc consideration of the merits in the first instance.” As a result, all 12 CAFC judges will hear the case instead of the standard three-judge panel that presides over such appeals.
Oral argument is scheduled for July 31, 2025. A final decision from the CAFC is not expected until August at the earliest, just three weeks after the 90-day pause of President Trump’s reciprocal tariffs is currently set to expire on July 9, 2025.