9th Cir. Denies Motion to Dismiss Appeal on Order Transferring IEEPA Case to CIT
The U.S. Court of Appeals for the 9th Circuit on May 23 denied the government's motion to dismiss four members of the Blackfeet Nation tribe's appeal of a Montana court's decision to transfer a case challenging various tariff actions to the Court of International Trade. The appellate court also stayed proceedings until the Montana court rules on the plaintiffs' motion for reconsideration of the transfer order (Susan Webber v. U.S. Department of Homeland Security, 9th Cir. # 25-2717).
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Judges William Fletcher, Consuelo Callahan and Lucy Koh said the U.S. can renew its same arguments in its motion to dismiss after the "tolling motion" in the Montana court is decided.
The four Blackfeet Nation members filed suit last month, challenging the International Emergency Economic Powers Act tariffs on Canada and President Donald Trump's expansion of the Section 232 steel and aluminum tariffs on Canada (see 2504100039). As an alternative basis for relief, the complaint said the tribal members are entitled to duty-free treatment for their imports under the Jay Treaty.
The U.S. filed a motion to transfer the suit to the trade court, arguing that the court has exclusive jurisdiction to hear the case under Section 1581(i), which lets CIT hear all cases arising out of U.S. laws that provide for tariffs (see 2504150022). The Montana court said two cases establishing the trade court's exclusive jurisdiction to hear cases arising out of the Trading With the Enemy Act, IEEPA's predecessor, confirm CIT's exclusive jurisdiction to hear cases involving IEEPA, given that IEEPA has the "same operative language as that contained in the TWEA" (see 2504250063).
The Blackfeet Nation members appealed this ruling, while simultaneously filing a motion for reconsideration of the transfer order. The government opposed the bid for reconsideration on May 9, and the plaintiffs filed their reply on May 13.