The Court of International Trade on May 28 vacated President Donald Trump's reciprocal tariffs and tariffs on China, Canada and Mexico, all of which were issued under the International Emergency Economic Powers Act. The court held that the retaliatory tariffs "exceed any authority granted to the President by IEEPA to regulate importation by means of tariffs" and that the tariffs on China, Canada and Mexico "fail because they do not deal with the threats set forth in those orders." Judges Gary Katzmann, Jane Restani and Timothy Reif permanently enjoined the tariffs, declaring that if the tariffs are "unlawful as to Plaintiff they are unlawful as to all."
The Court of International Trade on May 21 held a second hearing in as many weeks on the legality of tariffs imposed under the International Emergency Economic Powers Act. The same three judges, Jane Restani, Gary Katzmann and Timothy Reif, pressed both the government and counsel for 12 U.S. states challenging all IEEPA tariff actions on whether the statute allows for tariff action, as well as whether the courts can review if the declared emergencies are "unusual and extraordinary" and the extent to which the case is guided by Yoshida International v. U.S. (The State of Oregon v. Donald J. Trump, CIT # 25-00077).
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Twelve U.S. states challenging all tariff actions taken under the International Emergency Economic Powers Act traded briefs with the government on the legality of the tariffs ahead of a May 21 hearing on the states' motion for summary judgment and a preliminary injunction. The parties sparred on whether the eight states that didn't act as direct importers have standing to challenge the tariffs, whether the IEEPA tariffs have a reasonable connection to the declared threats of trade deficits and the flow of fenantyl, and whether the term "regulate" in the statute confers the power to impose tariffs (The State of Oregon v. Donald J. Trump, CIT # 25-00077).
The Court of International Trade on May 15 denied the government's bid to stay one of the major challenges to trade action taken under the International Emergency Economic Powers Act pending resolution of earlier-filed cases challenging the tariff action. Judges Jane Restani, Gary Katzmann and Timothy Reif, who now preside over all major cases challenging IEEPA tariffs at the trade court (see 2505150009), concurrently granted a motion from the plaintiffs, represented by the libertarian group Pacific Legal Foundation, to expedite consideration of the case (Princess Awesome v CBP, CIT # 25-00078).
One hundred forty-eight members of the House of Representatives filed an amicus curiae brief May 16 saying the International Emergency Economic Powers Act wasn't intended to grant the president the power to levy tariffs (The State of Oregon v. Donald Trump, CIT # 25-00077).
The Court of International Trade assigned the third major challenge to tariffs imposed under the International Emergency Economic Powers Act to the same three-judge panel consisting of Judges Jane Restani, Gary Katzmann and Timothy Reif. The case at issue, brought on behalf of 11 importers by libertarian advocacy group Pacific Legal Foundation, was brought to challenge President Donald Trump's reciprocal tariffs and tariffs imposed on China for the fentanyl emergency (see 2504250038). The suit will now be heard by the same three judges hearing lawsuits against the IEEPA tariffs brought by another libertarian group and 12 U.S. states (Princess Awesome v U.S. CBP, CIT # 25-00078).
California became the next International Emergency Economic Powers Act plaintiff to prepare to move for a preliminary injunction against President Donald Trump’s reciprocal tariffs. It said May 13 it is providing notice it will be filing for an injunction on June 26 (State of California v. Donald J. Trump, N.D. Cal. # 3:25-03372).
The libertarian advocacy group Pacific Legal Foundation opposed the government's bid to stay its case at the Court of International Trade challenging certain tariff action taken under the International Emergency Economic Powers Act, concurrently filing a motion for summary judgment and expedited consideration of its case (Princess Awesome v U.S. CBP, CIT # 25-00078).
A number of importers self-describing as “small businesses in various fields” and led by Princess Awesome, a girls’ clothing seller, added a third amicus curiae brief to the growing number opposing President Donald Trump’s use of the International Emergency Economic Powers Act to levy tariffs (see 2505120057 and 2504240028). They said they filed to “emphasize the irreparable harm caused by the President’s arbitrary and ever-changing tariff policy” (V.O.S. Selections v. Donald J. Trump, CIT # 25-00066).