Legal AF by MeidasTouch - Federal Judges Make Major Ruling on Trump Tariffs

Episode Date: June 11, 2025

As Trump struggles to negotiate any deal with over 100 countries because of his failed Tariff policy, he looked to a little known appellate court to bail him out. Michael Popok reports on a brand new order from the Federal Circuit Court of Appeals who granted a temporary stay to allow Trump to continue his tariff plan, but set the issue for a fast track hearing on the appeal before more than 10 judges on July 31st. Smalls: Head to https://Smalls.com/LEGALAF and use promo code: LEGALAF at checkout for 50% off your first order PLUS free shipping! Remember to subscribe to ALL the MeidasTouch Network Podcasts: MeidasTouch: https://www.meidastouch.com/tag/meidastouch-podcast Legal AF: https://www.meidastouch.com/tag/legal-af MissTrial: https://meidasnews.com/tag/miss-trial The PoliticsGirl Podcast: https://www.meidastouch.com/tag/the-politicsgirl-podcast The Influence Continuum: https://www.meidastouch.com/tag/the-influence-continuum-with-dr-steven-hassan Mea Culpa with Michael Cohen: https://www.meidastouch.com/tag/mea-culpa-with-michael-cohen The Weekend Show: https://www.meidastouch.com/tag/the-weekend-show Burn the Boats: https://www.meidastouch.com/tag/burn-the-boats Majority 54: https://www.meidastouch.com/tag/majority-54 Political Beatdown: https://www.meidastouch.com/tag/political-beatdown On Democracy with FP Wellman: https://www.meidastouch.com/tag/on-democracy-with-fpwellman Uncovered: https://www.meidastouch.com/tag/maga-uncovered Coalition of the Sane: https://meidasnews.com/tag/coalition-of-the-sane Learn more about your ad choices. Visit megaphone.fm/adchoices

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every play in between is amazing. From football to basketball and hockey to baseball, whatever the moment, it's never ordinary at Bet365. Must be 19 or older, Ontario only. Please play responsibly. If you or someone you know has concerns about gambling, visit connectsontario.ca. Donald Trump knows he's losing his negotiation leverage with these hundreds of countries that he imposed these high tariffs on so he's had to fold and cut any deal he can and Now instead of cutting 90 deals in 90 days the way he told us he would or even one deal in 150 days now

He's got to run to the appellate court and ask them to bail him out because he's compromised in his negotiations with these other countries. I wonder why. I'm Michael Popock, you're here on the Midas Touch Network and on Legal AF. We got a new ruling by a little covered appellate court. It's the United States Court of Appeals for the Federal District.

And that includes appeals that come in in particular from the federal circuit, sorry. And that includes appeals that come in from specialty courts like the United States Court of International Trade. And that's where the tariff, and that's where the tariff war went. And you remember about a week or so ago,

that court, three-zero, including a Trump appointee, an Obama appointee, and others, all ruled against Donald Trump and found that he had violated the delegation clause of the Constitution because Congress has the power to tax and spend and tariff and put all sorts of things like that, not the President. They can give them some of that power by way of a statute, but it can't be an unlimited delegation of authority. And so that court, that specialty court 3-0, hearing the case on summary judgment because they're a trial court level, they ruled against Donald Trump

and they blocked his tariffs against Mexico, Canada, and China. That was brought on behalf of a group of small business people who were getting crushed by the tariffs and what it was doing to logistics and the expenses for them to import or export their products. Now you fast forward, Donald Trump doesn't like that he files a appeal in the United

States Court of Appeals for the Federal Circuit, there we go, and in that case, he asked the court to stay the order of the lower court, the Court of International Trade, so that the tariffs can go on, the tariff negotiations can go on, because he's saying that he's getting undermined because he can't use the tariffs as a on because he's saying that he's getting undermined because he can't use the tariffs as a threat because he's lost his leverage. So please give me back our leverage. Now that's not a part of the analysis. That's not the doctrine when you look at a stay if you're an appellate court. Well, will the other side lose some bargaining position in their business world or in their negotiations, that's not a factor.

And yet, this court has issued a stay 10-0, effectively, because they did it by way of an en banc decision, meaning all active judges for that appellate court got together electronically and they looked at the papers that were filed and they decided to grant the Trump administration a stay for now but puts it on an expedited briefing schedule because they are going to hear oral argument on the 31st of July at 10 a.m. and we'll be able to put that up on legal AF as a live feed as well. So we've got this new ruling. Here's what it says. I'll read it to you. Having considered the traditional stay factors, this is a per curiam decision, meaning it's the decision of all. Having considered the stay elements and the case called Trump versus Wilcox just from 2025,

just from this year, that the purpose of interim equitable relief is not conclusively determine the rights of the parties, but to balance the equities as the litigation moves forward. But they're putting everything, when you look at the factors that have to be present, everything. When you look at the factors that have to be present, this just doesn't meet those factors in terms of other than the Trump administration pleading not to have their economic policy destroyed or their negotiation posture destroyed, but that's not an element in court for getting a stay. So I don't really understand it. I guess they thought they would somehow protect their credibility by setting a fast briefing schedule. And they're going to do this entire thing en banc, meaning they've already decided it's so

important that they want all 10 or 11 judges of this federal circuit appellate court to hear this matter, which they will, lest they're going to disqualify themselves. You know, sometimes the news is so wild these days, it makes me just want to crawl under a blanket with my cat. Honestly, there are so many similarities between Chanel and the news cycle. Unpredictable, a little chaotic, but somehow comforting. Now, while I can't fix all the craziness in the world, there's one thing I can absolutely control

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plus free shipping by using my code LegalAF. That's 60% off when you head to Smalls.com and use promo code LegalAF. Again, promo code LegalAF for 60% off your first order plus free shipping at Smalls.com. There was one that opted out of this decision. Right up front, Judge Newman did not participate in the deliberation. We don't quite know why there, but if he's available and not disqualified or not recused, he will participate. And then the court will hear that oral argument

to that en banc panel. And they want within the next day for the Trump administration and the lawyers for the small businesses to get together and map out a briefing schedule that prepares the court properly for oral argument on the 31st and if they can't agree on a schedule then the court rule just send in your competing and tell us where you have agreement and give us your alternate proposals and we'll take it from there. In a matter like this, on this particular issue, given how clear cut the date is out in front of us with the oral argument, I'm sure the lawyers will be able to work it out.

It would be embarrassing if they had to run back to the clerk's office to ask them to figure out two orders about, you know, there's not that many days between now and July 31st. But that's the takeaway. Donald Trump now has the leverage that he wanted. I think the court here, which he won't give credit to, it's always the leftist activist Marxist courts. But here you have a court that ruled in Donald Trump's favor, gave him more time, kept the tariffs in place while he's doing these delicate negotiations. Again, 90 deals in 90 days was the promise. Zero deals, maybe Mexico not yet finally announced, maybe China not yet finally announced, in over 150 days. So we'll continue to follow it right here on the Midas Touch Network and on Legal AF. So many ways to follow what we do here on Midas Touch. Free subscribe here. Legal AF. So many ways to follow what we do. Here on Midas Touch, a free subscribe here.

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pro-democracy programming. Until my next report, I am Michael Popak. Every time we mention something in a hot take, whether it's a court filing or a oral argument, come over to the Substack, you'll find the court filing and the oral argument there, including a daily roundup that I do call, wait for it, Morning AF, what else? All the other contributors from Legal AF are there as well. We've got some new reporting, we got interviews, we got ad-free versions of the podcast and hot takes.

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