9th Circuit Expedites 2 Cases on IEEPA Tariffs
The U.S. Court of Appeals for the 9th Circuit last week ordered that two cases on tariffs imposed under the International Emergency Economic Powers Act shall be heard on an expedited basis (State of California v. Donald J. Trump, 9th Cir. # 25-3493) (Susan Webber v. U.S. Department of Homeland Security, 9th. Cir. # 25-2717).
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In the suit brought by the State of California, Judges Kim Wardlaw, Gabriel Sanchez and Anthony Johnstone said the opening brief is due June 30, the government's reply is due July 28, and that an optional reply brief is due Aug. 18.
In a suit brought by four members of the Blackfeet Nation tribe against the IEEPA tariffs on Canada, members' opening brief is deemed filed, the government's reply is due July 28, and an optional reply is due Aug. 18. In the Blackfeet Nation members' case, only Judges Wardlaw and Sanchez signed the order.
California and the U.S. sparred on whether to expedite briefing, with the government opposing the state's proposed expedited schedule in light of California's decision to seek dismissal rather than transfer to the Court of International Trade. Califorina asked for dismissal so it could appeal the district court's decision finding that the trade court had exclusive jurisdiction to hear the suit under Section 1581(i), which says only the trade court will hear cases arising out of U.S. laws providing for tariffs (see 2506050037) and 2506030020).