The importer seeking class certification at the Court of International Trade to obtain refunds for tariffs imposed under the International Emergency Economic Powers Act voluntarily dismissed its case June 16. Counsel for the importer didn't respond to a request for comment (Chapter1 v. United States, CIT # 25-00097).
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Two importers challenging tariffs imposed under the international Emergency Economic Powers Act, Learning Resources and Hand2Mind, petitioned the Supreme Court June 17 to hear their case in a bid to accelerate the resolution of the challenges to President Donald Trump's IEEPA tariffs. The companies, represented by Akin Gump, said the high court should hear the case now in "light of the tariffs’ massive impact on virtually every business and consumer across the Nation, and the unremitting whiplash caused by the unfettered tariffing power the President claims" (Learning Resources v. Donald J. Trump, Sup. Ct. # 24-1287).
The Court of International Trade on June 16 denied importer Detroit Axle's request that the trade court reconsider its briefing schedule on its motion for a preliminary injunction against President Donald Trump's decision to eliminate the de minimis threshold for goods from China. As a result, the U.S. reply to the PI motion is due June 20 and the importer's reply is due on July 7 (Axle of Dearborn, d/b/a Detroit Axle v. Dep't of Commerce, CIT # 25-00091).
Plaintiffs in the International Emergency Economic Powers Act tariff suit currently before the U.S. Court of Appeals for the D.C. Circuit filed an additional brief in support of their bid to tie the briefing schedule to the briefing schedule of the IEEPA tariff suit at the U.S. Court of Appeals for the Federal Circuit (Learning Resources v. Donald J. Trump, D.C. Cir. # 25-5202).
The two importers challenging tariffs issued under the International Emergency Economic Powers Act before the District Court for the District of Columbia directly petitioned the Supreme Court to hear their case. The importers, Learning Resources and Hand2Mind, represented by Akin Gump, said the question of whether IEEPA authorizes tariffs "will inevitably fall to this Court to resolve definitively." The companies said they can't wait for the normal appellate process to wrap up, even on an expedited basis, given the "tariffs’ massive impact on virtually every business and consumer across the Nation, and the unremitting whiplash caused by the unfettered tariffing power the President claims." The importers are only asking the high court to review whether IEEPA provides for tariffs and not any of its other challenges to President Donald Trump's IEEPA tariff action, noting that it's the only claim the government says courts have the power to review.
Plaintiffs in the case challenging tariffs under the International Emergency Economic Powers Act now before the U.S. Court of Appeals for the D.C. Circuit proposed a briefing schedule that would end briefing on the same date as briefing is set to conclude in the IEEPA tariff case before the U.S. Court of Appeals for the Federal Circuit. The U.S. opposed the proposed schedule, urging the court to accept the schedule previously agreed to by the parties, which would end briefing on Aug. 8 (Learning Resources v. Trump, D.C. Cir. # 25-5202).
After a federal district court in Montana denied rehearing (see 2506020059), four members of the Blackfeet Nation appealed June 9 to the U.S. Court of Appeals for the 9th Circuit as they continue to challenge the transfer of their International Emergency Economic Powers Act case out of the state. They argued again that the Constitution differentiates between commerce with foreign nations and commerce with Native Americans and that the trade court has only been granted jurisdiction over cases involving the former (Susan Webber v. U.S. Department of Homeland Security, 9th. Cir. # 25-2717).
The U.S. Court of Appeals for the D.C. Circuit on June 11 told the parties in the appeal concerning tariffs under the International Emergency Economic Powers Act to file motions governing future proceedings in the appeal within 14 days of the U.S. Court of Appeals for the Federal Circuit's stay of the Court of International Trade's decision to vacate all IEEPA tariff action pending appeal. Parties in the D.C. Circuit case agreed to an expedited briefing schedule in the appeal, prompting the court's instruction to set a briefing schedule. The parties' proposed schedules are due 14 days after June 10, which is the date the Federal Circuit stayed the CIT ruling (see 2506100076) (Learning Resources v. Trump, D.C. Cir. # 25-1248).
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).