Trump DOJ Asks Court to Pause Section 122 Tariff Ruling; Signals Emergency Supreme Court Appeal if Denied

On May 11, 2026, the U.S. Department of Justice filed a request asking the U.S. Court of International Trade to pause its 2-1 ruling that found President Trump’s use of Section 122 of the Trade Act of 1974 to impose 10% global tariffs was unlawful. The DOJ filing signaled that if the trade court and the Federal Circuit decline to pause the ruling, the administration is poised to file an emergency request to the Supreme Court. Importers would continue paying the levies during any pause, regardless of the underlying invalidity finding.

This follows the Supreme Court’s earlier February 2026 ruling (Learning Resources, Inc. v. Trump) that struck down a separate set of Trump tariffs imposed under the International Emergency Economic Powers Act (IEEPA). The Section 122 ruling represents the second judicial finding within months that the administration’s tariff architecture exceeds statutory authority — and the administration’s response in both cases has been the same: continue collecting revenue while appealing, transferring litigation costs onto importers and seeking pauses that preserve the executive’s de facto authority regardless of the court’s de jure ruling. The pattern operates the asymmetric-rate-of-change mechanism the cascade-capture model documents: administrative action runs faster than judicial review can constrain it. Cumulative pattern across two tariff rulings now establishes the administration’s procedural template for unfavorable court decisions.