The Trump-aligned America First Legal Foundation appeared as an amicus in a second case filed in a U.S. district court challenging the imposition of tariffs under the International Emergency Economic Powers Act to defend the government's bid to transfer the cases to the Court of International Trade. In both cases, the foundation said it's providing the court with "another basis for transfer" to CIT (State of California v. Donald J. Trump, N.D. Cal. # 3:25-03372).
The Court of International Trade on April 24 assigned a case from 12 U.S. states challenging all tariff action taken under the International Emergency Economic Powers Act to Judges Gary Katzmann, Timothy Reif and Jane Restani -- the same three judges assigned to another suit challenging IEEPA trade action (The State of Oregon, et al. v. Donald J. Trump, CIT # 25-00077).
A group of constitutional scholars, lawyers, retired federal judges and former U.S. senators and politicians filed an amicus brief at the Court of International Trade in the case on President Donald Trump's use of the International Emergency Economic Powers Act to impose tariffs. The amici, led by former Virginia senator and governor George Allen, argued that IEEPA "cannot bear [the] weight" of Trump's trade action, adding that the statute only permits "limited and targeted actions under narrow conditions" and not "sweeping economic realignment" (V.O.S. Selections v. Donald J. Trump, CIT # 25-00066).
The 12 states that recently launched a lawsuit against all tariff action taken by President Donald Trump under the International Emergency Economic Powers Act will begin working on a preliminary injunction motion against the tariffs "in the near future," Oregon Attorney General Dan Rayfield told us. Rayfield was confident in the prospect of being able to show that Oregon and its many public institutions will suffer "irreparable harm" without the injunction and that a judge will be willing to question the validity of Trump's declaration that bilateral trade deficits amount to an "unusual and extraordinary" threat.
The District Court for the District of Montana on April 25 transferred a case challenging tariff action taken under the International Emergency Economic Powers Act to the Court of International Trade. Judge Dana Christensen rested the decision on two prior cases that found challenges to tariff action taken under the Trading With the Enemy Act, IEEPA's predecessor, to belong in the U.S. Customs Court, the trade court's predecessor. While the plaintiffs said IEEPA has more restricted authority than TWEA, the judge said IEEPA has the "same operative language" as TWEA. The court said the plaintiffs failed to show how the "limits placed on the IEEPA’s grant of authority affect" CIT's jurisdiction. The plaintiffs, four members of the Blackfeet Nation tribe, have already filed a notice of appeal, declaring that they will take the matter to the U.S. Court of Appeals for the Ninth Circuit.
The following lawsuits were filed recently at the Court of International Trade:
The Montana Farmers Union moved to intervene in a case brought by four members of the Blackfeet Nation indigenous tribe challenging various trade action taken by President Donald Trump in the U.S. District Court for the District of Montana. The agriculture trade group said it qualifies for intervention as a "matter of right," alternatively arguing that the court should permit the group to intervene even if it doesn't have the right to intervene (Susan Webber v. U.S. Department of Homeland Security, D. Mont. # 4:25-00026).
Twelve U.S. states led by Oregon filed a lawsuit April 23 against all of President Donald Trump's tariffs imposed under the International Emergency Economic Powers Act. The states' complaint argues that Trump exceeded his authority as established in IEEPA, since the "annual U.S. goods trade deficits" are not an "unusual and extraordinary threat." The states also argue that neither the reciprocal tariffs, nor the tariffs on China, Canada and Mexico imposed to address drug trafficking, establish a sufficient nexus to the claimed emergencies (The State of Oregon v. Donald J. Trump, CIT # 25-00077).
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Twelve U.S. states, led by Oregon, filed a lawsuit at the Court of International Trade challenging President Donald Trump's ability to impose tariffs using the International Emergency Economic Powers Act. The complaint contests all of Trump's tariff orders issued under IEEPA as a violation of both the statutory authority conveyed by IEEPA and the Constitution's principle of separation of powers. The suit, filed by Oregon Attorney General Dan Rayfield, also challenges CBP's series of Cargo Systems Messaging Service notices implementing the tariffs under the Administrative Procedure Act.