CAFC IEEPA Plaintiffs Currently Have No Plans to Preemptively Seek SCOTUS Review
Counsel for the importer plaintiffs in the International Emergency Economic Powers Act tariffs appeal at the U.S. Court of Appeals for the Federal Circuit has no plans to preemptively petition the Supreme Court to review the case in light of plaintiffs in a separate IEEPA tariffs suit doing so. Jeffrey Schwab, senior counsel at the Liberty Justice Center and counsel for the CAFC IEEPA plaintiffs, told us that he has "no plans to file a petition with the Supreme Court prior to a decision by the Federal Circuit," though he said "circumstances could change that."
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Last week, importers Learning Resources and Hand2Mind, currently litigating their IEEPA tariffs suit before the U.S. Court of Appeals for the D.C. Circuit, asked the Supreme Court to review their case prior to judgment given that the case is likely ending up at the high court anyway and the high cost of the tariffs (see 2506160019). So far, the high court hasn't taken up the case and denied the importers' request to have the court consider the writ of certiorari petition on an expedited basis (see 2506180079).
Schwab said he currently has no plans to consolidate his case with the two importers', though he said "the Court can do what it wants," adding that "that is a long way from now" and that he's "focusing on winning" his case before the Federal Circuit.
In the appeal before the Federal Circuit, the court recently set an expedited briefing schedule that will see every judge on the court preside over the matter (see 2506130029). The court will hold oral argument in the appeal on July 31.
Counsel for Oregon, the other lead plaintiff in the CAFC appeal, didn't respond to a request for comment.