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).
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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