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The 24-nation coalition has said Trump’s latest tariffs are inconsistent with the 1974 Trade Act.
Updated on May 12, 2026
The United States appeals court has temporarily suspended a lower court’s decision to stop President Donald Trump from imposing a 10 percent global tax.
On Tuesday, a US appeals court issued a temporary ruling while the court case continues.
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At stake is whether the tariffs imposed under Section 122 of the 1974 Trade Act are within President Trump’s authority.
Trump imposed a 10 percent tax hike in January, after the Supreme Court struck down another tax hike the president had justified using the International Emergency Economic Powers Act (IEEPA).
In this case, the Supreme Court ruled that the IEEPA does not allow the president to impose any type of tax, as Trump has argued.
The same questions arose about Trump’s new policy. On Friday, a panel at the US Supreme Court ruled in a split that Trump failed to meet the requirements under Section 122 to implement the new tariffs.
“The President’s proclamation fails to establish that the requirements have been met,” the lower court ruling said.
It added that the announcement was “illegal, and the prices charged to the Plaintiffs are illegal”.
On Tuesday, an appeals court decision temporarily suspended the decision, to allow the White House time to respond.
But the plaintiffs – a coalition of 24 countries – said that the Trump campaign was an abuse of power. They have also shown a downward trend, with consumers bearing the cost of the added tax.
“It is America’s consumers and businesses who have paid the price for an illegitimate president,” Washington State Attorney Nick Brown said following Friday’s ruling.
A consumer price report released on Tuesday shows that Trump’s price campaign has been reflected in the increase in consumer welfare.
Prices of clothing and electronics rose by 0.6 percent, while prices of toys and furniture rose by 0.8 percent.
The legal challenge over Section 122 tariffs is just one obstacle facing Trump’s tax plan.
Under Section 122, the 10 percent global tariff is set to expire in July, unless extended by Congress. Its duration is up to 150 days.
Critics have also pointed to the uncertainty and difficulty in regulating these rates.
Tuesday’s stay comes as prices set under the IEPPA begin to be rolled back. US Customs and Border Protection expects to recover $35.46bn in 8.3 million shipments as of Monday.