In their submission, SMEs said there is no equivalent to the harm that is being affected.
Trump has “not harmed the denial of authority he does not own legally, nor has he been harmed by the courts binding him to legal requirements imposed by Congress,” the group said. “And staying will cause irreparable harm not only to plaintiffs, but thousands of businesses and millions of consumers across the country.”
Another filing by Oregon Attorney General, General Dan Layfield, on behalf of a dozen Democratic-led nation, noted that Trump administration officials consistently downplay the impact of the Trade Court’s ruling by saying tariffs can still be imposed through other means.
“The top management authority explained that other countries are aware that there remains a fundamental threat to tariffs through other mechanisms that have not been touched on by the court’s decision,” the state said, “that is why it is a reason to deny the appeal for stay.”
The administration has suggested that businesses could issue tariff rebates if the Trade Court ruling was ultimately upheld on appeal, but businesses on Monday called the idea “inhumous.”
In a ruling that surprised many people, a panel of three judges in the Trade Court held that the 1977 emergency law did not grant Trump unlimited tariff power. The decision was passed on to a pair of related lawsuits filed by a group of small businesses and to approximately 12 democratically-led states. The state is expected to submit a similar summary later Monday.
The May 28 Trade Court ruling was one of Trump’s biggest legal setbacks amid a wave of lawsuits over an executive order that tested the limits of presidential power. Others are challenging efforts to cut federal workers’ mass shootings of Trump, restrictions on birthright citizenship, and federal spending already approved by Congress.
