DC Circuit Declines to Tie IEEPA Tariff Briefing Schedule to CAFC Schedule
The U.S. Court of Appeals for the D.C. Circuit on June 18 declined to tie the briefing schedule in the appeal on the legality of the tariffs imposed under the International Emergency Economic Powers Act to the briefing schedule in a similar appeal before the U.S. Court of Appeals for the Federal Circuit. As a result, briefing will conclude first at the Federal Circuit, with CAFC set to hear oral argument on July 31 (Learning Resources v. Donald J. Trump, D.C. Cir. # 25-5202).
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The D.C. Circuit appeal will proceed as follows: the government's initial brief is due June 27, the reply from importers Learning Resources and Hand2Mind is due July 23, and the government's final reply is due Aug. 8. Judges Gregory Katsas, Neomi Rao and Justin Walker signed the order.
However, in a bid to leapfrog the D.C. Circuit, Learning Resources and Hand2Mind petitioned the Supreme Court to take up their case prior to judgment, arguing that the case is of extreme importance that is headed for the high court anyway (see 2506160019).
The importers and the U.S. disagreed on whether to peg the briefing schedule to the Federal Circuit's schedule, with the government arguing that the parties' agreed-to schedule is best for "expeditious resolution of this appeal" (see 2506130029).