CAFC Keeps IEEPA Tariffs in Place Pending Appeal, Says Full Court Will Hear Case
The U.S. Court of Appeals for the Federal Circuit on June 10 stayed the Court of International Trade's decision vacating all of President Donald Trump's executive orders implementing tariffs under the International Emergency Economic Powers Act, pending the government's appeal of the case. In a per curium order, all CAFC judges in regular active service merely said "a stay is warranted under the circumstances" (V.O.S. Selections v. Trump, Fed. Cir. # 25-1812).
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The court said all active judges will hear the government's appeal, as opposed to a traditional three-judge panel, given the "issues of exceptional importance" presented by the case. The case will proceed before Judges Kimberly Moore, Alan Lourie, Timothy Dyk, Sharon Prost, Jimmie Reyna, Richard Taranto, Raymond Chen, Todd Hughes, Kara Stoll, Tiffany Cunningham and Leonard Stark.
The court told the parties to jointly submit an expedited briefing schedule within two days of the order, noting that the schedule should let the court hear oral argument on July 31.
With the CAFC's decision, both federal court rulings against Trump's use of IEEPA to impose tariffs, one from CIT (see 2505280068) and one from the U.S. District Court for the District of Columbia (see 2505290037), have been stayed pending appeal. After the government initially appealed the CIT decision, the Federal Circuit issued an administrative stay as it considered the broader stay motion.
The arguments surrounding the stay heavily centered on the equities, and, specifically, the government's claim that the CIT ruling, if allowed to stand pending appeal, would seriously undermine ongoing trade talks and other U.S. foreign policy efforts (see 2506100012). The U.S. filed declarations to that effect from four Trump administration Cabinet officials.