The U.S. opposed two importers' bid to have the Supreme Court hear their challenge to the president's ability to impose tariffs under the International Emergency Economic Powers Act before the U.S. Court of Appeals for the D.C. Circuit has a chance to hear the case. The government argued that the high court shouldn't step in before either the D.C. Circuit or the U.S. Court of Appeals for the Federal Circuit has had a chance to address the claims against the IEEPA tariffs, particularly since both courts are hearing the appeals on very expedited timelines (Learning Resources v. Donald J. Trump, Sup. Ct. # 24-1287).
As the U.S. Court of Appeals for the Federal Circuit mulls the government's emergency stay motion against a Court of International Trade decision permanently enjoining tariffs issued under the International Emergency Economic Powers Act, five different groups of amici filed briefs at the appellate court either attacking or defending the trade court's ruling.
One of the lawyers representing five importers suing President Donald Trump over his emergency tariffs said that the president's approach to tariffs, constantly threatening various new rates, sometimes backing off, and sometimes not, isn't just a "menace to the economy," it also "is totally at odds with the rule of law."
The Court of International Trade on May 21 held a second hearing in as many weeks on the legality of tariffs imposed under the International Emergency Economic Powers Act. The same three judges, Jane Restani, Gary Katzmann and Timothy Reif, pressed both the government and counsel for 12 U.S. states challenging all IEEPA tariff actions on whether the statute allows for tariff action, as well as whether the courts can review if the declared emergencies are "unusual and extraordinary" and the extent to which the case is guided by Yoshida International v. U.S. (The State of Oregon v. Donald J. Trump, CIT # 25-00077).
The U.S. District Court for the Northern District of Florida on May 20 transferred a case challenging certain tariffs imposed under the International Emergency Economic Powers Act to the Court of International Trade. Judge T. Kent Wetherell largely rested his decision on Yoshida International v. U.S. -- the nearly 50-year-old decision sustaining President Richard Nixon's 10% duty surcharge imposed under the Trading With the Enemy Act, IEEPA's predecessor (Emily Ley Paper d/b/a Simplified v. Donald J. Trump, N.D. Fla. # 3:25-00464).
The Court of International Trade on May 13 heard arguments in the lead case on the president's ability to impose tariffs under the International Emergency Economic Powers Act. Judges Jane Restani, Gary Katzmann and Timothy Reif pressed counsel for the plaintiffs, the Liberty Justice Center's Jeffrey Schwab, and DOJ attorney Eric Hamilton on whether the court can review whether a declared emergency is "unusual and extraordinary," as well as the applicability of Yoshida International v. U.S., a key precedential decision on the issue, and whether the major questions doctrine applies and controls the case (V.O.S. Selections v. Trump, CIT # 25-00066).
Hogan Lovells lawyers, speaking to an audience from the Massachusetts Export Center, said that conservative Supreme Court justices' desire to curtail executive decision-making through the "major questions doctrine" could put a stop to tariffs on countries around the world levied via the International Emergency Economic Powers Act, or IEEPA.
The U.S. offered its most fulsome defense of President Donald Trump's reciprocal tariffs to date, submitting a reply to a group of five importers' motion for a preliminary injunction and summary judgment at the Court of International Trade on April 29. The government argued that the text, context, history and purpose of the International Emergency Economic Powers Act lets the president impose tariffs and that IEEPA doesn't confer an unconstitutional delegation of authority to the president (V.O.S. Selections v. Donald J. Trump, CIT # 25-00066).
The state of California opened a lawsuit in the District Court for the Northern District of California on April 16 against President Donald Trump's ability to use the International Emergency Economic Powers Act to impose tariffs. The two-count complaint claims that Trump acted beyond his statutory authority granted by IEEPA to impose the "reciprocal" tariffs and the tariffs on China, Canada and Mexico, and that Trump's tariff actions usurp legislative authority in violation of the U.S. Constitution (State of California v. Donald J. Trump, N.D. Cal. # 3:25-03372).
The Liberty Justice Center, a conservative litigation firm, issued a call for plaintiffs to challenge President Donald Trump's use of the International Emergency Economic Powers Act to impose tariffs on all goods entering the U.S. The group is looking to challenge this use of IEEPA "under the major questions and nondelegation doctrines."