NEWS: The Federal Circuit grants the Trump administration an administrative stay in the tariff cases while they get briefing on the motion for a stay pending appeal, to be concluded by Monday, June 9. storage.courtlistener.com/recap/gov.us... - ThreadSky

chrisgeidner.bsky.social • 1 day ago

NEWS: The Federal Circuit grants the Trump administration an administrative stay in the tariff cases while they get briefing on the motion for a stay pending appeal, to be concluded by Monday, June 9. https://storage.courtlistener.com/recap/gov.uscourts.cafc.23105/gov.uscourts.cafc.23105.7.0_2.pdf

Comments

timsatterwhite.bsky.social•1 day ago

That a complainer or the court system is allowed to gum up the evaluation of whether the Constitution is correct ... is absurd.

eric1990s.bsky.social•1 day ago

In this case, no stay should be given. That is absolute horseshit.

mijoda3.bsky.social•18 hours ago

Aren’t Trump’s tariff appeals doomed by the so-called Major Questions doctrine?

sabler.bsky.social•1 day ago

So, what? Tariffs are back on?

God.

laterdays.bsky.social•1 day ago

The tariffs are reinstated for now.

rundog.bsky.social•1 day ago

the president can illegally collect taxes, for now

sigreign.bsky.social•1 day ago

He's illegally funneling money to himself through fiat why not? - the judge, probably

gorillahands.org•1 day ago

But they'll be reimbursed* if this succeeds.

*The importer, but I warrant not the end customer.

rundog.bsky.social•1 day ago

how many businesses will go under while this is stayed

gorillahands.org•1 day ago

Each Main Street business that folds clears the way for another aisle at Walmart.

themistocleswall.bsky.social•1 day ago

Fed appeals circuit:

Moore - bushie jr
Lourie - poppy bushie
Dyk - Clinton
Prost - bushie jr
Reyna - Obama
Taranto - Obama
Chen - Obama
Hughes - Obama
Stoll - Obama
Cunningham - Biden
Stark - Biden

8-3 D-R on this decision

Trying to placate/reverse-proof an eventual ruling against donny?

jjgass.bsky.social•1 day ago

It's only an administrative stay. I don't think it will have any effect on what SCOTUS does later, but it does at least mean the administration won't run to SCOTUS for a stay until the circuit decides whether to grant a stay pending appeal.

mmaatman.bsky.social•1 day ago

Interesting take.

nzall.bsky.social•1 day ago

Let me get this straight: they're blocking the CIT's order... Until they've been told why it should be blocked while the appeal is occuring?

concerned2.bsky.social•1 day ago

Thank goodness all of you lawyers are helping

CALL your senators complain loudly.......

__STOP death budget

__ COVID vaccine..we All want the choice

__say NO to Emil Bove

CALLING works ❣️

ladolcevitaone.bsky.social•1 day ago

Could you please explain this for we non-attorney types?

mithras.bsky.social•1 day ago

"Let's not put this ruling into effect yet, we need to read all the things first."

This is very much not a ruling on merits - it's just the judges saying that they need to do the assigned reading first.

dan-nyy.bsky.social•1 day ago

It’s a pause of the ruling so they can review it and actually decide what to do.

jaredhardd.bsky.social•1 day ago

Damn they’ve got the en banc court hearing motions?

chrisgeidner.bsky.social•1 day ago

Federal Circuit, not D.C. Circuit.

jaredhardd.bsky.social•1 day ago

Oh yeah but I think they still typically sit in panels, no?

chrisgeidner.bsky.social•1 day ago

The court does, but I'm not sure if there are special rules for appeals from the Court of International Trade? (We're now going too deep into sub-sub-sub-procedure of a court that I've literally never covered besides what it gets appealed to SCOTUS, so.)

chrisgeidner.bsky.social•1 day ago

* There's nothing in the order or docket about the court, sua sponte, considering the matter en banc, so I have to imagine this is the process under the rules. (What is going on in my head.)

crliro.bsky.social•1 day ago

Normally would be a motions panel
https://www.cafc.uscourts.gov/home/rules-procedures-forms/internal-operating-procedures/

sneakking.bsky.social•1 day ago

this is pretty normal, right?

husker1184.bsky.social•1 day ago

The lower court ruling imo will eventually return as this court is mainly comprised of Obama and Biden appointees but the result in the meanwhile will be instability in the markets.

Woof.

eshrdlume.bsky.social•1 day ago

Nixon imposed a 10% *supplemental* tariff on "eligible imports" meaning NOT part of trade agrs, NOT necessities, and NOT 25%-145%. Some goods were only subject to quotas. CONGRESS set the tariff limits, which Nixon respected.

Wherefore, this ignorant Motion to Stay is

DENIED.

rundog.bsky.social•1 day ago

congress passed a temporary law allowing nixon to do those things

eshrdlume.bsky.social•1 day ago

Correct. Thus, my point. Congress also set a limit on the amount of the *supplemental* tariff at 10%.

iggy8700.bsky.social•1 day ago

A lot of non-patent lawyers are about to learn that the Federal Circuit exists

jackbwuzhere.bsky.social•1 day ago

I expected a stay on this. It's too juicy not to. I didn't realize that the trade court had flat bench slapped him like that.

Thanks for the post!

justaguybluesky.bsky.social•1 day ago

When this is all cleared up can we sue for price hikes die to tariffs imposed illegally?

justaguybluesky.bsky.social•1 day ago

What recourse do companies have that have gone out of business due to illegal tariffs that strangled their copacking and supply chain.

thekenstern.bsky.social•1 day ago

I'm still laughing at how 2 out of the 3 judges who blocked Trump's tariffs were appointed by Republicans, and one of them was appointed by Trump himself!

5thgenfljane.bsky.social•1 day ago

They can keep breaking the law?

chrisgeidner.bsky.social•1 day ago

Here is DOJ's motion for a stay: https://storage.courtlistener.com/recap/gov.uscourts.cafc.23105/gov.uscourts.cafc.23105.6.0_1.pdf

gooseegg.bsky.social•1 day ago

It always amazes me how bad all of their filings are. I understand the bad legal arguments, because they’re defending BS, but it’s also just such bad writing.

chrisgeidner.bsky.social•1 day ago

FWIW, my two cents: I think this is a situation where "an administrative is actually just an administrative stay."

jlp2024.bsky.social•1 day ago

This isn't that expedited. 2+ weeks for the briefing

martinlev.bsky.social•1 day ago

Not a lawyer, but unless I'm mistaken, it's usually it's 40 days to brief and 30 to reply.

jlp2024.bsky.social•1 day ago

The COAs can set expedited briefing schedules for admin stays if they want (or any appeal) two weeks for all this briefing while fast as a general matter is not that fast here

sigreign.bsky.social•1 day ago

Horseshit

etikpro.bsky.social•1 day ago

The decision will not be overturned but It will go to SCOTUS who will let president declare an emergency unless Congress vote a motion to oppose this declaration. And of course Congress will not before 2027 if Dems win.

worknowitzki.bsky.social•1 day ago

But why do it here? What’s the advantage of the stay vs letting ruling take effect? I don’t know enough of normal process to make a conclusion, but as a layman…the tariffs change every time Trump tweets. There’s no disruption in letting the ruling go into effect.

jgschraiber.bsky.social•1 day ago

Is it normal for the federal circuit to issue an administrative stay en banc? Are they just bored?

heartdesire911.bsky.social•1 day ago

Can you tell judges use pink colored paper this white is tiring😞

helchose.bsky.social•1 day ago

1. Assailant stabs victim, twisting knife
2. Court orders stabbing is a crime and the knife must be removed
3. Assailant appeals order
4. Appeals court rules that the knife may stay in and continue being twisted until motions for/against stabbing are considered

teslatoast3327.bsky.social•1 day ago

Brilliant.

bluescreenbuddy.bsky.social•1 day ago

But what if they were wrong and knife was actually helpful?!

salbr29891.bsky.social•1 day ago

Many of us feel that Court Rulings against Trump are meaningless.

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