US Governance — 2026-05-12

Trump Administration Asks Court to Pause Ruling Against 10% Global Tariffs

The Trump administration on Monday asked the U.S. Court of International Trade to stay its ruling against the 10% global tariff under Section 122 of the Trade Act of 1974, having already filed an appeal with the Federal Circuit. The ruling, issued last week in a case brought by two small businesses and the state of Washington, applies only to those three plaintiffs; the government continues collecting the tariff from all other importers. USTR Jamieson Greer warned in a court declaration that lifting the levy could push trading partners to abandon negotiations, and Commerce Secretary Howard Lutnick said premature removal would trigger an import surge with effects "that cannot be repaired later."

Analysis
The multi-pronged response, comprising the stay request, Federal Circuit appeal, and Section 301 investigations, reflects Section 122's legal fragility. Whether the Federal Circuit grants a pause within 30 days is genuinely uncertain: the administration's strongest argument, irreparable harm to negotiations, is narrowed by the ruling's three-plaintiff scope. Declarations from Greer and Lutnick confirm the core concern is negotiating credibility rather than revenue. With Section 301 tariffs potentially effective as early as July, even a denied stay is unlikely to shift policy trajectories materially. The stay request may instead be a delay tactic, preserving collection for the weeks needed to activate Section 301 authority, at which point Section 122 becomes legally expendable regardless of appellate outcome.
4 sources
  1. Trump Administration Asks US Court to Pause Ruling Against Tariffs - US News
  2. US Asks to Keep Collecting Trump's Tariffs After Court Loss - Bloomberg
  3. Trump administration asks trade court to pause ruling on global tariffs - CBC News
  4. Trump asks court to freeze tariff ruling amid import surge fears - Sanford Herald

View in full brief →

UNCLASSIFIED // OPEN SOURCE