Appeals Court Lets Section 122 Tariffs Stay in Place

Posted 5/13/26

The stay gives the White House a procedural reprieve, not a merits victory. The Federal Circuit has kept the 10 percent Section 122 tariff alive while it considers the government’s stay motion, but the core legal question remains whether a statute designed for temporary balance-of-payments emergencies can support a near-global tariff after the Supreme Court foreclosed IEEPA as the administration’s broader tariff vehicle.

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