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 represents the most notable judicial defeat during Trump’s second tenure.
“In the absence of a stay from the [Trade] Court, the United States plans to request emergency relief from the Supreme Court tomorrow to prevent irreparable harm to national security and the economy,” the brief states. It includes extensive annexes laying out the administration’s arguments.
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 commonly used points: that courts do not possess the power to question a president’s choice to use emergency authority, and that historical examples—specifically President Nixon’s emergency tariffs—validate Trump’s measures. Nevertheless, the ruling directly tackles that historical example and determines that it, in fact, bolsters the argument opposing Trump’s understanding.
The government cautions that if there isn’t a pause, “even if the tariffs are eventually supported, the harm to U.S. diplomatic and economic activities might be permanent.” It contends that the loss of revenue would be irretrievable and that global discussions would be considerably weakened.
A Legal Blow to Trump’s Tariff Doctrine
The U.S. Court of International Trade ruled unanimously that Trump’s broad tariffs violated the Constitution and federal law, asserting that the president exceeded his authority in invoking emergency powers. The decision struck down key tariffs: 25% on imports from Canada and Mexico, 20% on Chinese goods, and the so-called “reciprocal tariffs” applied globally—initially declared during the controversial “Liberation Day” and later reduced to 10% under market pressure.
Political Turmoil: Assaults on the Justice System
The White House spokesperson, Karoline Leavitt, criticized the decision, labeling it as an instance of “judicial overextension” and asserting that it hinders the president’s negotiation capabilities. “The United States is unable to operate effectively if President Trump—or any president—faces disruption in sensitive diplomatic and trade initiatives due to activist judges,” she stated.
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 sure the decision will be reversed on appeal. Although Trump possesses legal avenues to implement additional tariffs, Hassett mentioned, “We currently have no plans to proceed because we firmly believe this ruling is incorrect.” Leavitt, nonetheless, consistently stressed that Trump still holds those capabilities, allowing for potential future measures.
The Supreme Court Could Determine
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.
Senior Cabinet Members Caution About Worldwide Repercussions
In a remarkable development, four members of Trump’s Cabinet provided comments to the Trade Court prior to its decision, cautioning about serious repercussions if the president’s tariff powers were withdrawn.
Commerce Secretary Howard Lutnick argued the decision would “undermine” recent trade discussions. Treasury Secretary Scott Bessent warned it could “break ongoing negotiations” and provoke retaliation. U.S. Trade Representative Jamieson Greer feared foreign partners would “further distort competition” against American exporters. Secretary of State Marco Rubio said the court order would cause “significant and irreparable harm to U.S. foreign policy and national security.”
The administration is still in the process of submitting its complete appeal based on the case’s details but is employing every legal and political strategy to maintain Trump’s tariff structure—at least for the time being—before the nation’s supreme court.