The Federal Circuit administratively stayed the Court of International Trade's ruling invalidating Trump's 10% global tariffs, keeping the duties in place while expedited briefing proceeds.
The U.S. Court of Appeals for the Federal Circuit issued an unsigned administrative stay on May 12, temporarily halting a Court of International Trade ruling that had declared President Trump's 10% global tariffs unlawful [1]. The stay keeps those tariffs in place while the Federal Circuit establishes an expedited briefing schedule to consider whether a full stay pending appeal is warranted [2]. The administrative stay is narrow in its immediate reach, applying to the three importer plaintiffs who prevailed before the trade court, but its practical effect extends to every U.S. importer still paying the duty [3].
The underlying ruling came from the Court of International Trade, which held that the administration lacked statutory authority to impose the 10% across-the-board tariff under Section 122 of the Trade Act of 1974 [1]. That provision grants the president limited authority to impose import surcharges for balance-of-payments purposes, subject to a 150-day cap and a congressional override mechanism. The Liberty Justice Center brought the challenge on behalf of the plaintiff importers [2]. The Department of Justice sought the emergency stay, warning that a failure to pause the trade court's order would trigger a wave of refund suits from thousands of similarly situated importers, overwhelming the trade court's docket [2].
The Federal Circuit's intervention is procedurally significant for two reasons. First, an administrative stay of this kind does not signal that the appellate court has assessed the merits; it is a temporary hold to preserve the status quo while briefing is ordered [3]. Second, the government's floodgates argument, that a live adverse judgment would prompt mass refund litigation, reflects the scale of exposure at stake across the import economy. Billions of dollars in collected duties remain in the balance [2]. SCOTUSblog has noted that the litigation is widely expected to reach the Supreme Court, placing this case on a trajectory parallel to ongoing disputes over the administration's separate tariff authorities under the International Emergency Economic Powers Act [3].
The Federal Circuit will next receive full briefing on the government's motion for a stay pending appeal [1]. The outcome of that motion will determine whether the 10% global tariff remains enforceable throughout the appellate process. If the court denies a full stay, the administration will face immediate pressure to seek emergency relief from the Supreme Court. Either way, the case positions the federal judiciary to deliver a consequential ruling on the outer limits of presidential trade authority, one that the current Supreme Court will likely have the final word on [3].