White House lawyers work at full speed to save their commercial strategy after that same day, they asked the International Trade Court to suspend the application of their ruling. This Thursday, they have done the same before a Federal Court of Appeals of Washington. And in their 124 -page letter they anticipate that if those courts do not suspend the decision, the Supreme Court will go this Friday to keep their fees to imports.
“In the absence of a precautionary measure of the court [de Comercio]The United States plans to request tomorrow from the Supreme Court an emergency measure to avoid the irreparable damage that looms on national security and the economy ”, is indicated in the brief, which includes multiple annexes, presented before the judges.
In its appeal, the Trump government states that if the sentence is applied “the successful agreements that the president has reached with multiple countries could fall apart immediately.” Actually, Trump has not yet reached any commercial agreement with any country. He signed a principle of agreement that both parties recognized as and agreed with China that is all until now.
Thursday’s letter highlights the same arguments that the Trump administration has wielded throughout the case, including that the courts are not authorized to question the president’s decision to invoke the emergency law to impose tariffs. The Government also argues that Trump’s interpretation of the law must be maintained because decades ago the commercial court allowed former president Richard Nixon to impose tariffs with emergency character by virtue of a similar law, although the sentence analyzes in detail that antecedent in the argument and considers that he endorses his ruling.
The letter requests the precautionary suspension of the application of the sentence, claiming that the damages that would cause “are clearly irreparable.” “In the absence of a suspension, even if this Court finally confirms the tariffs, the permanent court order of the International Trade Court could have committed delicate urgent international negotiations, perhaps irremediably. In addition, in the absence of a suspension, the government will receive less income that may not recover if the tariffs are finally confirmed, which means another irreparable damage,” he says.
Conservative majority
The Supreme Court has a majority of six conservative judges against three progressive judges. Three of the magistrates of the majority were appointed by Trump himself, although that does not guarantee success before his request. The judgment of the International Trade Court was unanimously issued by three judges, of which one had been appointed by Trump himself; another, by Republican Ronald Reagan, and the third, by Democrat Barack Obama.
In his authoritarian drift, Trump has been invading Congress powers and forcing the seams of the Executive Power with multiple decisions that magistrates have considered unconstitutional. The United States International Trade Court, the specialized court with powers in the field, by virtue of a law of emergency powers, noting that the President had skipped the Constitution and the law.
The sentence annuls and leaves the taxes of 25% to the imports of Canada and Mexico and 20% to those of China with the excuse of fentanyl and immigration, and the false “reciprocal tariffs” to the whole world, announced the badly called Liberation Day, which were reduced and granted a partial truce of 90 days before the pressure of the markets.
The lawyers prepare the appeal on the bottom of the matter, which they have not yet submitted. Trump is silent for now, but members of his team have launched themselves to attack the magistrates for their decision. “We live under a judicial tyranny”, after the ruling on Wednesday night. “The judicial coup is out of control”,
In statements to the Conservative business chain Fox Business, Kevin Hassett, director of the National Economic Council of the White House, said: “I am sure that, when we appeal, this decision will be revoked.” “These activist judges are trying to stop something amid really important negotiations,” said Hasett.
According to Hassett, although Trump has different legal options to approve new tariffs, that is not the current plan: “We have no intention of doing so because we are very, very sure that this is really incorrect,” he said. The Republican government notified the Court on Wednesday that the decision intends to resort, but has not yet done so.
The decision of the judges as the members of the Cabinet are recognized in the request to the court to suspend the application of the ruling.
“So serious is what is at stake for the nation that four members of the president’s cabinet took the extraordinary measure of submitting statements before the International Trade Court before his ruling, in which they based the immediate and catastrophic damage that would be derived from prohibiting the president’s tariff authority,” says the 124 -page brief, with its multiple annexes.
As in the request registered with the Court of Appeals, it is recalled that the Secretary of Commerce, Howard Lutnick, explained that the cancellation of the “undercut” tariffs the recent agreements and “endangered the dozens of similar agreements.” It also indicates that the Secretary of the Treasury, Scott Besent, agreed that the sentence “could break” the “ongoing negotiations with dozens of countries” and encourage others to retaliate against the United States.
The United States commercial representative Jamieson Greer feared that a court order could leave free commercial partners “to further distort the competition conditions for US exporters.” And the Secretary of State, Marco Rubio, warned that a court order “would cause significant and irreparable damage to the foreign policy and national security of the United States.”
