Washington – The legal battle over White House trade policies entered a new phase of escalation as President Donald Trump’s administration appealed a Federal Court of International Trade ruling on Friday, May 8, 2026. The court had previously declared the “10% universal customs tariff” unlawful. This swift legal move underscores the administration’s determination to safeguard its “America First” economic agenda against judicial challenges threatening its core trade pillars.
Section 122 Legality Under Scrutiny
The appeal follows a 2-1 majority ruling that deemed the imposition of a 10% duty on all imports under “Section 122” of the Trade Act illegal. The court reasoned that the article was not designed as a tool to address the “Trade Deficit” and ordered an immediate suspension of the fees. President Trump criticized the ruling, labeling it the work of “leftist judges,” while US Trade Representative Jamieson Greer expressed full confidence in winning the appeal.
Legal Maneuvering and a Tight Deadline
The Trump administration pivoted to “Section 122” as a legal alternative after the Supreme Court previously invalidated the use of the “International Emergency Economic Powers Act” (IEEPA) for imposing reciprocal tariffs. However, these duties face a narrow window, as they are set to expire on July 24 unless Congress intervenes to approve an extension, placing the administration in a race between the courts and the legislature.
Billions of Dollars at Stake
Analysts believe this legal dispute could span years, potentially triggering massive claims for the refund of billions of dollars in already collected customs duties. Global markets and major importers are closely watching the outcome of this conflict, which will determine the future of US foreign trade and the executive branch’s power to impose sovereign tariffs without direct and sustained legislative backing from Congress.
