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).
The U.S. Court of Appeals for the Federal Circuit's stay of the Court of International Trade decision vacating all International Emergency Economic Powers Act tariff action likely doesn't signal a win for either side on the merits of the issue, various attorneys told us. In addition, the court's move to set a July 31 oral argument date and have all active judges hear the case indicates a decision will likely be issued in August, the attorneys said.
A Russian citizen was charged with using his cryptocurrency company Evita to violate U.S. sanctions by funneling over $500 million in overseas payments through U.S. banks and cryptocurrency exchanges, according to a 22-count indictment unsealed by DOJ on June 9. Iurii Gugnin, a resident of New York and a Russian citizen, was charged with wire and bank fraud, conspiracy to defraud the U.S. and violating the International Emergency Economic Powers Act, among other charges.
A Chinese national pleaded guilty on June 9 to illegally exporting firearms, ammunition and "other military items" to North Korea by hiding them inside shipping containers leaving a California port, DOJ announced. Shenghua Wen admitted to one count of conspiracy to violate the International Emergency Economic Powers Act and one count of acting as an illegal agent of a foreign government.
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As the U.S. Court of Appeals for the Federal Circuit mulls the government's emergency stay motion against a Court of International Trade decision permanently enjoining tariffs issued under the International Emergency Economic Powers Act, five different groups of amici filed briefs at the appellate court either attacking or defending the trade court's ruling.
The parties contesting the government's emergency stay motion at the U.S. Court of Appeals for the Federal Circuit of the Court of International Trade's ruling on the president's use of the International Emergency Economic Powers Act tariffs "mischaracterize" statements made by administration officials on the effect of the CIT's ruling, the U.S. said. Responding to claims from 12 U.S. states and a group of importers, the government argued that the trade court's injunction against the IEEPA tariffs is "legally untenable and risks irreparable economic and national-security harms" (V.O.S. Selections v. Donald J. Trump, Fed. Cir. # 25-1812).