12 States Challenging IEEPA Tariffs Assigned to Judges Katzmann, Reif, Restani
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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The 12 states, led by Oregon, filed suit on April 23 to argue that President Donald Trump exceeded his authority as established in IEEPA (see 2504230067). Five companies brought a similar challenge earlier this month and were assigned to make their case before the three-judge panel of Katzmann, Reif and Restani. Thus far, the trio has rejected a temporary restraining order application from the companies on the grounds that they haven't shown they would suffer irreparable harm prior to the court hearing their motion for a preliminary injunction (see 2504210050).
Various attorneys believe Katzmann, Reif and Restani will be willing to pare back the president's authority to issue under IEEPA (see 2504180043). Restani has served on the bench for the longest period of time, joining the court in 1983. Described as the "most no-nonsense of the judges," one attorney described her as "tough" but never unfair. Katzmann joined the court in 2016 and is regarded as the most intellectual or academic of the jurists. Reif is the shortest-tenured judge at CIT, having joined in 2019 after a full career as both a trade lawyer on Capitol Hill and general counsel at the Office of the U.S. Trade Representative.