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).
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).
The 12 states challenging the tariffs imposed under the International Emergency Economic Powers Act urged the U.S. Court of Appeals for the Federal Circuit to reject the government's bid for an emergency stay, telling the appellate court that the Trump administration's claim that it will be irreparably harmed without a stay are undermined by administration officials' own statements (V.O.S. Selections v. Trump, Fed. Cir. # 25-1812).
Joseph Barloon, who was a general counsel at the Office of the U.S. Trade Representative during Donald Trump's first term, told Sen. Maria Cantwell, D-Wash., that he believes in rules-based trade.
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Georgetown University law professor Jennifer Hillman said that while she expects the U.S. Court of Appeals for the Federal Circuit to take months to decide if the tariff actions under emergency powers weren't legal, the court might not stay the vacation of the orders during that time.
Chapter1, a small Nevada-based importer represented by boutique litigation firm Gerstein Harrow, filed a case at the Court of International Trade on May 29 seeking class certification for all importers that have paid tariffs recently invalidated by the trade court. The suit, if successful in challenging the tariffs and establishing class certification, would provide refunds for all companies that have paid tariffs imposed under the International Emergency Economic Powers Act (Chapter1 v. United States, CIT # 25-00097).
No lawsuits were filed recently at the Court of International Trade.
The end of reciprocal tariffs and tariffs imposed over fentanyl smuggling from China, Canada and Mexico is on hold until an appellate court decides if the use of the International Emergency Economic Powers Act was illegal for those purposes.