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 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 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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The Court of International Trade on April 22 denied a group of five companies' application for a temporary restraining order against President Donald Trump's "reciprocal" tariffs imposed under the International Emergency Economic Powers Act. Judges Gary Katzmann, Timothy Reif and Jane Restani held that the companies "have not clearly shown a likelihood that immediate and irreparable harm would occur" before the court considers their motion for a preliminary injunction against the tariffs.
The Court of International Trade denied a motion from five importers to put an emergency block on President Donald Trump’s reciprocal tariffs, in an order issued late on April 22. CIT Judges Jane Restani, Gary Katzmann and Timothy Reif ruled the five importers haven’t shown that “immediate and irreparable harm” would result from not issuing a temporary restraining order while the court considers the importers’ request for a longer-lasting preliminary injunction.
The three judges assigned to the case challenging President Donald Trump's use of the International Emergency Economic Powers Act -- Jane Restani, Gary Katzmann and Timothy Reif -- may be poised to rein in the administration's use of the act to impose tariffs, various attorneys told us. Based on their prior jurisprudence and professional backgrounds, the attorneys said, it seems likely the trio may pare back Trump's tariff-setting authority, though it's ultimately unclear to what extent.
The U.S. defended its bid to transfer a case challenging President Donald Trump's tariffs on Canada imposed under the International Emergency Economic Powers Act and Section 232 to the Court of International Trade, arguing that the trade court has exclusive jurisdiction to hear the case and that the plaintiffs' convenience in keeping the suit in Montana is "irrelevant" to CIT's jurisdiction. Filing a reply brief on April 16, the government said the plaintiffs, four members of the Blackfeet Nation tribe, "ignore or misunderstand" CIT's "specialized nature and the fact that that court may also review the implementation of executive orders in cases within its jurisdiction" (Susan Webber v. U.S. Department of Homeland Security, D. Mont. # 4:25-00026).
The state of California opened a lawsuit in the District Court for the Northern District of California on April 16 against President Donald Trump's ability to use the International Emergency Economic Powers Act to impose tariffs. The two-count complaint claims that Trump acted beyond his statutory authority granted by IEEPA to impose the "reciprocal" tariffs and the tariffs on China, Canada and Mexico, and that Trump's tariff actions usurp legislative authority in violation of the U.S. Constitution (State of California v. Donald J. Trump, N.D. Cal. # 3:25-03372).