5 Businesses Do Not Get TRO but Still in Play Against Tariffs from Court of International Trade

Five businesses that jointly sued in the federal Court of International Trade to halt Donald Trump’s tariff policies were denied a temporary restraining order, but remain in position to seek a preliminary injunction against the tariffs.

The court decided the businesses did not show they would endure “immediate and irreparable harm” ahead of a hearing on 13 May 2025. A temporary restraining order would have blocked tariffs between now and that hearing.

The businesses assert that trade deficits do not constitute an emergency sufficient to invoke the International Emergency Economic Powers Act, that IEEPA does not authorize the President to unilaterally issue sweeping tariffs, and that Trump is illegally wielding power that belongs to Congress.

If a preliminary injunction is issued at the 13 May hearing, tariffs will be blocked while the court considers its final decision. When it looks like the plaintiff’s case is likely to succeed on its merits and what they are suing against would inflict substantial harm on them during the court’s deliberations, a preliminary injunction is often issued to prevent the harm.

Most major media portrayed the denial of a temporary restraining order as a significant win for Trump as though this ended the case, ignoring the fact that the case is very much alive.

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