Two law professors focusing on sanctions law filed an amicus brief at the Supreme Court on Oct. 22 focusing on the history of the International Emergency Economic Powers Act. The professors, Fordham School of Law's Andrew Kent and University of Virginia School of Law's Paul Stephan, argued that IEEPA, which confers emergency powers for peacetime, doesn't let the president impose tariffs on imports and "stands in contrast" with the Trading With the Enemy Act, which "authorizes war powers" (Donald J. Trump v. V.O.S. Selections, U.S. 25-250) (Learning Resources v. Donald J. Trump, U.S. 24-1287).
Communications Daily is tracking the lawsuits below involving appeals of FCC actions.
In another amicus brief for V.O.S. Selections and Learning Resources, a number of legal scholars led by former Virginia governor George Allen opposed President Donald Trump’s International Emergency Economic Powers Act tariffs, citing IEEPA’s history and the major questions and nondelegation doctrines (Donald J. Trump v. V.O.S. Selections, U.S. 25-250) (Learning Resources v. Donald J. Trump, U.S. 24-1287).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The private parties challenging the legality of tariffs imposed under the International Emergency Economic Powers Act filed their reply briefs at the Supreme Court on Oct. 20. The briefs centered their arguments on the text of IEEPA itself, arguing that the law, which only lets the president "regulate ... importation," categorically doesn't confer tariff power to the president. The companies also argued that the major questions and non-delegation doctrines compel the high court to strip President Donald Trump of the unfettered tariff power he claims under the statute (Donald J. Trump v. V.O.S. Selections, U.S. 25-250) (Learning Resources v. Donald J. Trump, U.S. 24-1287).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The U.S. is at a “crossroads” concerning the standards process, and decisions made in the next two years could have big effects for a long time, said Laurie Locascio, CEO of the American National Standards Institute, during a Center for Strategic and International Studies conference Friday. Alliance for Telecommunications Industry Solutions CEO Susan Miller warned that as the process becomes more political, the Trump administration isn’t putting enough attention on standards work.
The ongoing federal shutdown is causing anxiety and a lack of clarity for both FCC staff and industry attorneys, they told us in interviews. The FCC’s expectations for required filings during the shutdown are unclear, agency staffers are uncertain about when or if they will be paid, and less than two weeks remain before the Oct. 28 open meeting, which has the longest agenda the FCC has seen in years. Industry officials told us the shutdown could lead to some items being taken off the October agenda, but all three commissioners told us they're still taking meetings and calls on the planned items.
President Donald Trump told reporters on Oct. 15 that he would like to attend the Nov. 5 oral argument at the Supreme Court regarding whether he can use the International Emergency Economic Powers Act to impose tariffs. After declaring that the tariffs he has imposed are essential for economic and national security matters, Trump said: "I'm going to go to the Supreme Court to watch it. I've not done that, and I've had some pretty big cases."
Rep. Sean Casten, a Democrat from the top soybean-producing state, Illinois, led a letter with 36 other Democrats asking President Donald Trump to terminate the reciprocal tariffs and fentanyl tariffs he levied under the International Emergency Economic Powers Act.