Twelve U.S. states challenging all tariff actions taken under the International Emergency Economic Powers Act traded briefs with the government on the legality of the tariffs ahead of a May 21 hearing on the states' motion for summary judgment and a preliminary injunction. The parties sparred on whether the eight states that didn't act as direct importers have standing to challenge the tariffs, whether the IEEPA tariffs have a reasonable connection to the declared threats of trade deficits and the flow of fenantyl, and whether the term "regulate" in the statute confers the power to impose tariffs (The State of Oregon v. Donald J. Trump, CIT # 25-00077).
Trending Topics:
Today’s Top News
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).
Upcoming Events
Full Calendar27
May
Hearing -- Learning Resources v. Donald J. Trump, D.D.C. # 25-01248
27
May
Hearing -- California v. Trump, N.D. Cal. # 3:25-03372
26
Jun
American Association of Exporters and Importers Annual Conference, Washington➠
29
Oct
Coalition of New England Companies for Trade (CONECT) Northeast Trade and Transportation Conference, Newport, R.I.➠
People in the News
May 22, 2025
Former Commerce AD/CVD Enforcement Official Joins The Bristol Group
Scott McBride, a former longtime official at the Commerce Department overseeing the administration of antidumping and countervailing duty laws, has joined The Bristol Group as counsel, the firm announced. McBride served at Commerce for over 25 years, most recently as associate deputy chief counsel for trade enforcement and compliance. He told us he stayed over the last few years to oversee the agency's major regulatory changes to its AD/CVD administration, which included the ability to address transnational subsidies (see 2505020067), then recently decided to take early retirement.
Former Senior DOJ National Security Official Joins Law Firm
Eun Young Choi, former deputy assistant attorney general in DOJ’s National Security Division, has joined Arnold & Porter. Choi will work in the firm’s practices focused on white collar defense and national security. Choi worked on a range of national security-related issues at DOJ, including sanctions and foreign investment reviews.
Former BIS Chief Joins Covington as Senior Adviser
Alan Estevez, undersecretary of the Bureau of Industry and Security during the Biden administration, has joined Covington & Burling as a senior adviser in the practice groups working on the Committee on Foreign Investment in the U.S. and international trade controls. Estevez served as undersecretary for more than three years, during which he oversaw the introduction and implementation of a range of new export control rules to restrict sales of advanced semiconductors and chip-related technology to China; new export restrictions against Russia; the continued expansion of the Entity List; and more.
The Warren News Family of Publications
Warren News is the leading regulatory intelligence news service for trade, telecom and privacy professionals. Learn more about our family of publications below.