IEEPA Litigants at CAFC Propose Expedited Briefing Schedule
Litigants in the appeal before the U.S. Court of Appeals for the Federal Circuit on tariff action taken under the International Emergency Economic Powers Act filed a proposed briefing schedule before the appellate court that would conclude briefing by July 18 (V.O.S. Selections v. Trump, Fed. Cir. # 25-1812).
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The proposed schedule was filed in the wake of the Federal Circuit's decision to stay the Court of International Trade's decision to vacate all executive orders implementing the IEEPA tariffs pending the government's appeal of the ruling (see 2506100076). In its stay order, the CAFC told the parties it wants to hear oral argument in the matter on July 31 and that the parties should set a briefing schedule to accommodate that date.
The proposed schedule, filed jointly on behalf of the U.S. and the plaintiffs, who comprise 12 U.S. states and five importers, would see the government file its opening brief on June 24, the plaintiffs file their reply on July 8 and the government file its final reply on July 18. The proposed schedule also would have any amicus briefs be filed "on the same day as the principal brief of the party the amicus brief supports."
Various attorneys told us that the court's decision to set a July 31 oral argument date indicates the court likely will decide the case in August (see 2506110059).