The three judges assigned to the case challenging President Donald Trump's use of the International Emergency Economic Powers Act -- Jane Restani, Gary Katzmann and Timothy Reif -- may be poised to rein in the administration's use of the act to impose tariffs, various attorneys told us. Based on their prior jurisprudence and professional backgrounds, the attorneys said, it seems likely the trio may pare back Trump's tariff-setting authority, though it's ultimately unclear to what extent.
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The 12 states that recently launched a lawsuit against all tariff action taken by President Donald Trump under the International Emergency Economic Powers Act will begin working on a preliminary injunction motion against the tariffs "in the near future," Oregon Attorney General Dan Rayfield told us. Rayfield was confident in the prospect of being able to show that Oregon and its many public institutions will suffer "irreparable harm" without the injunction and that a judge will be willing to question the validity of Trump's declaration that bilateral trade deficits amount to an "unusual and extraordinary" threat.
A group of constitutional scholars, lawyers, retired federal judges and former U.S. senators and politicians filed an amicus brief at the Court of International Trade in the case on President Donald Trump's use of the International Emergency Economic Powers Act to impose tariffs. The amici, led by former Virginia senator and governor George Allen, argued that IEEPA "cannot bear [the] weight" of Trump's trade action, adding that the statute only permits "limited and targeted actions under narrow conditions" and not "sweeping economic realignment" (V.O.S. Selections v. Donald J. Trump, CIT # 25-00066).
The Court of International Trade on April 24 assigned a case from 12 U.S. states challenging all tariff action taken under the International Emergency Economic Powers Act to Judges Gary Katzmann, Timothy Reif and Jane Restani -- the same three judges assigned to another suit challenging IEEPA trade action (The State of Oregon, et al. v. Donald J. Trump, CIT # 25-00077).
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April 23, 2025
Former ITC General Counsel Joins Polsinelli as Shareholder in Trade Remedies Practice
Dominic Bianchi, former general counsel of the International Trade Commission, has joined Polsinelli as a shareholder in the firm's Section 337 litigation and trade remedies practice, the firm announced. Bianchi spent 24 years at ITC, serving as general counsel since 2013.
2 Former BIS Officials Join Mayer Brown as Partners
Thea Kendler, former assistant secretary for export administration at the Commerce Department's Bureau of Industry and Security, and Aiysha Hussain, Kendler's senior policy adviser, have joined Mayer Brown as partners in the international trade, national security and white-collar defense practices, the firm announced. Kendler served at BIS for three years, joining the agency from DOJ, where she worked as a trial attorney in the national security division. Hussain worked at Commerce since 2020, serving as senior counsel then senior policy adviser for export administration.
Former State Dept. Official Joins Firm as Trade Lawyer
Sean Carlesimo, a former State Department attorney-adviser, joined Miles & Stockbridge as a lawyer focusing on sanctions, export controls, foreign investment reviews and other international trade topics. Carlesimo left the State Department in March.
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