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Appeals court temporarily pauses order that declared Trump's global 10% tariffs unlawful

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Tariff refunds about to hit: What to know
Kevin Dietsch/Getty Images
ByPeter Charalambous, Devin Dwyer, and Steven Portnoy
May 12, 2026, 8:21 PM

A federal appeals court on Tuesday temporarily paused a lower court order that declared President Donald Trump's global 10% tariffs are unlawful. 

In an unsigned decision, the U.S. Court of Appeals for the Federal Circuit issued an administrative stay of last week's decision from the Court of International Trade. 

Related Articles

Trade court says Trump's 10% global tariffs are unlawful

The move, effectively a brief legal time-out, will allow an appeals court panel time to consider equities on both sides of the dispute before considering whether or not to invalidate the tariffs while litigation continues.  

The court did not take any position on the merits of Trump's appeal and is still considering issuing a long-term stay pending appeal. 

President Donald Trump speaks to the press as he departs the White House, May 12, 2026 in Washington.
Kevin Dietsch/Getty Images

The same court granted the Trump administration's request to stay last year's decision blocking Trump's first round of tariffs. 

Last week, a New York-based trade court concluded that the 10% -- imposed by Trump after the Supreme Court blocked his initial tariffs -- were similarly unlawful.

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