The White House is operating at maximum capacity to uphold President Donald Trump’s trade agenda after experiencing a significant legal setback on Wednesday, when a federal court invalidated a large portion of his import tariffs. That same day, government attorneys sought an emergency pause from the U.S. Court of International Trade. On Thursday, they submitted a comparable request to the D.C. Court of Appeals. In their 124-page document, they cautioned that if those courts do not halt the decision, they will petition the Supreme Court as soon as Friday to maintain the tariffs.
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.
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.
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 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 Turmoil: Assaults on the Justice 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 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.
Cabinet Officials Warn of Global Fallout
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 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 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.
