Indigenous IEEPA Tariff Litigants Ask to Join Lead Case Before Supreme Court
Members of the Blackfeet Nation tribe challenging the legality of tariffs issued under the International Emergency Economic Powers Act asked to intervene in the lead case on the issue a day after the Supreme Court decided to take up the matter. The Blackfeet Nation members said their claims "overlap" with the claims from the existing parties, though their case also raises questions about "fundamental constitutional principles and a unique body of federal Indian law" (Donald J. Trump v. V.O.S. Selections, U.S. 25-250) (Learning Resources v. Donald J. Trump, U.S. 24-1287).
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On Sept. 9, the high court agreed to hear two cases on the legality of tariffs issued under IEEPA, consolidating the actions, and electing to decide the issues on an expedited basis (see 2509090058). The cases were initially brought by various importers and U.S. states and concern whether IEEPA allows for tariffs and whether President Donald Trump's reciprocal tariffs and tariffs on China, Canada and Mexico meant to combat the flow of fentanyl go beyond the president's authority found in IEEPA.
The Blackfeet Nation members filed their lawsuit around the same time as the other plaintiffs, though they initially filed suit in the U.S. District Court for the District of Montana. Their case was transferred to the Court of International Trade, though the plaintiffs appealed that decision. Argument is currently set for Sept. 17 in their appeal (see 2507090022).
In addition to the claims against the IEEPA tariffs, the Blackfeet Nation members, represented by former congressional candidate Monica Tranel, included claims against Trump's new Section 232 tariffs and claims that the tariffs imposed on the tribal members violate the Indian Commerce Clause of the U.S. Constitution and the Jay Treaty of 1794.
Before the Supreme Court, the Blackfeet Nation members said it's these additional claims concerning the rights of Native Americans that warrant the members' intervention in the lead case. "The existing parties, primarily focused on the commercial aspects of the tariffs, cannot adequately represent the sovereign, treaty-based, and Indian Commerce Clause interests" the members present, the brief said.