On Tuesday the Court of Appeals for the Federal Circuit (the “CAFC”) granted the Trump Administration’s motion for a stay of the ruling issued last month by the Court of International Trade which blocked the tariffs enacted under the authority of International Emergency Economic Powers Act of 1977 (“IEEPA”). The Administration previously filed a notice of appeal and requested a stay following the CIT judgement, arguing that the government would suffer irreparable harm in the absence of a stay and stating that the “injunction threatens to unwind months of foreign-policy decision-making and sensitive diplomatic negotiations.” The CAFC issued a temporary stay of the CIT judgement on May 29th while the court considered the government’s motion.
On Tuesday, the CAFC granted the motion for a stay pending appeal, finding that “having considered the traditional stay factors . . . the court concludes a stay is warranted under the circumstances.” The CAFC intends to move quickly in the case—noting the “exceptional importance” of the issues in the case and concluding that they warrant expedited consideration, the court ordered the parties to jointly file a proposed expedited briefing schedule that would allow the court to hold oral argument on July 31, 2025.
