Three new lawsuits were filed at the Court of International Trade Nov. 6 on the legality of President Donald Trump's use of the International Emergency Economic Powers Act as his authority to impose tariffs, on the day after the Supreme Court appeared skeptical about the validity of such tariffs. One suit was filed by three importers, led by Del Monte Fresh Produce and represented by customs lawyer Myron Barlow; another was filed by importer Turn5, represented by Crowell & Moring; and a third was filed by importer Netuno USA by trade lawyer Vinicius Adam (Del Monte Fresh Produce v. United States, CIT # 25-00244) (Netuno USA v. Donald J. Trump, CIT # 25-00245) (Turn5 v. U.S. Customs and Border Protection, CIT # 25-00246).
Various members of the trade bar speculated that the president's tariff authority under the International Emergency Economic Powers Act may face serious limits once the Supreme Court issues a decision in the lead cases on President Donald Trump's IEEPA tariffs. Following a Nov. 5 oral argument in which many of the justices appeared skeptical of Trump's sweeping use of the IEEPA to impose tariffs, many lawyers have said change may be coming in the world of trade.
The Court of International Trade assigned on Nov. 4 another International Emergency Economic Powers Act tariffs case to a three-judge panel consisting of Judges Gary Katzmann, Timothy Reif and Jane Restani (PGN International Group v. Donald J. Trump, CIT # 25-00240).
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The first class-action lawsuit against the president’s International Emergency Economic Powers Act tariffs was filed Nov. 4 at the U.S. District Court for the District of Columbia (Smirk & Dagger Games v. Donald J. Trump, D.D.C. # 1:25-03857).
Two Trump appointees, along with the three liberal justices, had sharp questions for the Trump administration's advocate as the Supreme Court held a nearly three-hour hearing on the constitutionality of tariffs imposed around the world under the International Emergency Economic Powers Act.
Treasury Secretary Scott Bessent said he will attend the Supreme Court's Nov. 5 oral argument on whether President Donald Trump can use the International Emergency Economic Powers Act to impose tariffs. Speaking on Fox News Nov. 3, Bessent said he's going to "hopefully" sit in the "front row, and have a ring-side seat" to the argument (Donald J. Trump v. V.O.S. Selections, U.S. 25-250) (Learning Resources v. Donald J. Trump, U.S. 24-1287).
President Donald Trump on Nov. 2 said he won't attend the Supreme Court's oral argument on Nov. 5 on whether the president can use the International Emergency Economic Powers Act to impose tariffs. Speaking to reporters aboard Air Force One, Trump said he didn't want to call attention to himself, adding that "[i]t's not about me, it's about our country" (Donald J. Trump v. V.O.S. Selections, U.S. 25-250) (Learning Resources v. Donald J. Trump, U.S. 24-1287).
The Trump administration filed its reply brief on Oct. 30 in the Supreme Court cases on the legality of tariffs imposed under the International Emergency Economic Powers Act, addressing a host of arguments relating to the text of the IEEPA, all of the statute's requirements and the history of the measure (Donald J. Trump v. V.O.S. Selections, U.S. 25-250) (Learning Resources v. Donald J. Trump, U.S. 24-1287).
The following lawsuit has been filed recently at the Court of International Trade: