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).
The Court of International Trade on May 13 heard arguments in the lead case on the president's ability to impose tariffs under the International Emergency Economic Powers Act. Judges Jane Restani, Gary Katzmann and Timothy Reif pressed counsel for the plaintiffs, the Liberty Justice Center's Jeffrey Schwab, and DOJ attorney Eric Hamilton on whether the court can review whether a declared emergency is "unusual and extraordinary," as well as the applicability of Yoshida International v. U.S., a key precedential decision on the issue, and whether the major questions doctrine applies and controls the case (V.O.S. Selections v. Trump, CIT # 25-00066).
The European Commission opened a public consultation regarding a list of U.S. imports that could become subject to tariffs in response to the flurry of U.S. trade action, should talks with the White House fall through, the commission announced. The list covers over $107 billion worth of U.S. imports, including a "broad range of industrial and agricultural products," it said.
President Donald Trump's reciprocal tariffs fail to satisfy the International Emergency Economic Powers Act's requirements by failing to identify an "unusual and extraordinary" threat in relying on "longstanding trade policy problems," 12 states, led by Oregon and Arizona, argued. Submitting a motion for a preliminary injunction against all tariffs imposed under IEEPA, the states also said the reciprocal tariffs, and the tariffs on China, Canada and Mexico, don't "deal with" the threats they identify (The State of Oregon v. Donald J. Trump, CIT # 25-00077).
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The Court of International Trade on April 29 told the 12 states challenging President Donald Trump's tariff action taken under the International Emergency Economic Powers Act they may file a brief laying out their position on a group of five importers' motion for summary judgment against Trump's reciprocal tariffs by May 8. The court said in a text-only order that the brief, not to exceed 10,000 words, doesn't bar the states from filing their own motion at a later date, nor will the brief be construed as a "waiver or forfeiture of any claim or argument."
The U.S. offered its most fulsome defense of President Donald Trump's reciprocal tariffs to date, submitting a reply to a group of five importers' motion for a preliminary injunction and summary judgment at the Court of International Trade on April 29. The government argued that the text, context, history and purpose of the International Emergency Economic Powers Act lets the president impose tariffs and that IEEPA doesn't confer an unconstitutional delegation of authority to the president (V.O.S. Selections v. Donald J. Trump, CIT # 25-00066).
Two Illinois producers of children’s educational materials challenged April 22 President Donald Trump’s use of the International Emergency Economic Powers Act to impose tariffs, adding their complaint to a growing pile making similar claims (see 2504250038, 2504140061 and 2504230067). They, like other challengers, are seeking a preliminary injunction, saying that their businesses are already suffering irreparable harm as a result of the tariffs (Learning Resources, Inc. v. Donald J. Trump, D. D.C. # 25-01248).
The Pacific Legal Foundation, the libertarian legal advocacy group that recently brought a case against the legality of tariffs imposed under the International Emergency Economic Powers Act on behalf of 11 importers, has had "preliminary" talks with the other advocacy groups that have brought cases challenging the tariffs on whether to proceed with separate cases. Molly Nixon, attorney at the foundation, told us she's "in touch" with the two other groups who have brought cases against the tariffs, the New Civil Liberties Alliance and the Liberty Justice Center, but that nothing is confirmed about whether the groups will combine cases.