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).
The U.S. filed motions to transfer the two cases challenging the use of the International Emergency Economic Powers Act filed in federal district courts to the Court of International Trade. In both cases, the government said the trade court has exclusive jurisdiction over the claims raised by both lawsuits, since they "arise out of laws providing for tariffs or the administration or enforcement of those laws" (Emily Ley Paper, d/b/a Simplified v. Donald J. Trump, N.D. Fla. # 3:25-00464) (Susan Webber v. U.S. Department of Homeland Security, D. Mont. # 4:25-00026).
An exemption for goods in transit from the reciprocal tariffs that recently took effect applies not only to ocean vessels, but to air and truck shipments as well, according to Jeff McCauley, senior director of operations and compliance at DHL Global Forwarding.
Five importers challenging the constitutionality of the International Emergency Economic Powers Act as a source of tariff-setting authority plan to file a motion for a preliminary injunction in the coming days, counsel for the companies told us. Jeffrey Schwab, senior counsel at the Liberty Justice Center, said the PI bid will request an injunction on the collection of all tariffs issued under the IEEPA.
The following lawsuit was filed recently at the Court of International Trade:
Petitioner Nucor filed an opening brief in the U.S. Court of Appeals for the Federal Circuit on April 7 challenging a trade court ruling that favored exporter KG Dongbu Steel, the mandatory respondent in a 2019 countervailing duty administrative review on corrosion-resistant steel products from Korea. It said the Commerce Department had “plainly satisfied” the legal standard for changing its position from one review to another (Nucor Corp. v. KG Dongbu Steel Co., Fed. Cir. # 25-1411).
Five importers challenging the constitutionality of the International Emergency Economic Powers Act as a source of tariff-setting authority plan to file a motion for a preliminary injunction in the coming days, counsel for the companies told us. Jeffrey Schwab, senior counsel at the Liberty Justice Center, said the PI bid will request an injunction on the collection of all tariffs issued under the IEEPA.
The conservative Liberty Justice Center brought a lawsuit on behalf of five importers to challenge the constitutionality of the International Emergency Economic Powers Act as a source of tariff-setting authority. The complaint, filed April 14 at the Court of International Trade, makes two claims: President Donald Trump's "reciprocal" tariffs exceed the president's statutory authority under IEEPA and, even if this statutory authority exists, it's an "unconstitutional delegation of legislative authority" (V.O.S. Selections v. Donald J. Trump, CIT # 25-00066).
The conservative Liberty Justice Center brought a lawsuit on behalf of five importers to challenge the constitutionality of the International Emergency Economic Powers Act as a source of tariff-setting authority. The complaint, filed April 14 at the Court of International Trade, makes two claims: President Donald Trump's "reciprocal" tariffs exceed the president's statutory authority under IEEPA and, even if this statutory authority exists, it's an "unconstitutional delegation of legislative authority" (V.O.S. Selections v. Donald J. Trump, CIT # 25-00066).
Counsel for two members of the Blackfeet Nation tribe that recently filed a lawsuit against the recent tariff action taken by President Donald Trump told us that she believes jurisdiction to be proper in the U.S. District Court for the District of Montana. Monica Tranel, the attorney for Montana state Sen. Susan Webber and rancher Jonathan St. Goddard, also said that she believes she can obtain a preliminary injunction against the spate of tariffs recently imposed on Canada due to the size of the harm to the agriculture and tourism industry in western Montana.