The U.S. Court of Appeals for the 9th Circuit refused to stay two cases on the legality of tariffs imposed under the International Emergency Economic Powers Act. The U.S. asked for a stay in both appeals, one brought by the State of California and the other by members of the Blackfeet Nation indigenous tribe, following the government's request for the Supreme Court to review a separate case on the tariffs.
A new executive order signed last week by President Donald Trump authorizes sanctions and export controls against any country determined to have wrongfully detained U.S. nationals. The order allows the State Department to designate certain foreign countries a State Sponsor of Wrongful Detention, which would authorize International Emergency Economic Powers Act sanctions against the country and export controls under the Arms Export Control Act, the Export Control Reform Act “or any other Federal law.”
The U.S. asked the U.S. Court of Appeals for the 9th Circuit to stay two appeals on the legality of tariffs imposed under the International Emergency Economic Powers Act in light of the government's petition for writ of certiorari before the Supreme Court in a separate case on the tariffs. The U.S. said "it would be a waste of judicial resources for this Court to hear and decide this case before the Supreme Court has resolved the proceedings before it," in light of the "rapid schedule" proposed before the high court and the U.S. Court of Appeals for the Federal Circuit's recent "unanimous ruling on jurisdiction."
The Supreme Court may be willing to adopt certain arguments made by the dissenting judges in the U.S. Court of Appeals for the Federal Circuit's decision on the legality of tariffs imposed under the International Emergency Economic Powers Act, various attorneys told us. Specifically, certain justices may be willing to adopt Judge Richard Taranto's discussion of the major questions doctrine and the nondelegation doctrine, though others were more skeptical about how much tariff authority the court is willing to cede to the president under IEEPA and these two doctrines.
The Commerce Department’s spring 2025 regulatory agenda for the Bureau of Industry and Security features more than 20 new rulemakings that could introduce new or update existing export controls, including restrictions over advanced AI chips, emerging technologies, Russia-related controls and other revisions to the Export Administration Regulations.
House Foreign Affairs Committee ranking member Rep. Gregory Meeks, D-N.Y., who has led the charge to terminate the underlying emergencies for the president's tariffs, said he doesn't know if Republicans will change course and allow a vote on his latest resolution, which would end the 40% tariffs on about 39% of Brazilian imports.
The FCC appointed Chairman Brendan Carr as the agency’s defense commissioner in July but only released the order Thursday. The agency didn’t comment on the reason for the delay. Defense commissioner is a procedural role historically occupied by the chair. Carr’s predecessor, Jessica Rosenworcel, was made defense commissioner when she was acting chair in 2021. The defense commissioner “directs the homeland security, national security and emergency preparedness, and defense activities of the Commission,” as well as serving as the principal point of contact for the Department of Homeland Security, the order said.
The U.S. on Sept. 3 asked the Supreme Court to review the lead case on the legality of tariffs imposed under the International Emergency Economic Powers Act, concurrently moving the court for expedited consideration of its petition for writ of certiorari. Should the petition be granted, Solicitor General D. John Sauer asked that the court expedite the briefing schedule as well, which would conclude with oral argument held the first week of November (Donald J. Trump v. V.O.S. Selections, U.S. 25-250).
The House Communications Subcommittee has rescheduled a hearing on public safety communications issues for 10:15 a.m. Sept. 9 in 2123 Rayburn, the Commerce Committee said Tuesday. The subpanel originally planned to hold the hearing in July. I. “Our public safety community requires reliable communications to respond adequately during an emergency,” said House Commerce Chairman Brett Guthrie, R-Ky., and Communications Chairman Richard Hudson, R-N.C. “We look forward to considering ways to strengthen our public safety communications to better serve Americans in their moments of crisis.”
Communications Daily is tracking the lawsuits below involving appeals of FCC actions.