He did lose, and reporting that the loss is stayed “pending appeal” aren’t really correct. What the appeals court did was temporarily stay the ruling while the parties submit briefs for and against a longer stay, presumably until SCOTUS denies cert or rules on it. The appeals court ruling on the…1/2
My guess is the OP is referring to the injunction itself ordering the tariffs to be struck down, which has been placed on hold pending appeal. I can see where it could be regarded as a fairly tricky distinction, though. The problem is that the court system is still wrapped up in "the process".
By which I mean that the courts still seem to be fixated on the proposition that, even when something is manifestly illegal, the defendant has to be given the opportunity to have their appeals heard out, even when the situation - as with SCOTUS' decision today regarding refugees - is urgent.
Actually that’s the issue the parties are briefing now, i.e., whether the lower court ruling should be stayed while the appeal process runs. Current stay is only in place while the appeals court decides that narrow issue of a longer stay. Briefs are due by early June w/ruling expected by mid-June.
Quite true, and that fact shouldn't be obscured just because the appeals court slowed things down for whatever reason. I mean, you-know-who wouldn't have blown up all over Truth Social overnight if it'd been a nothingburger.
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