The Administration claims that the President's imposition of 10% or higher tariffs on virtually every nation in the world is authorized by the International Emergency Economic Powers Act of 1977 even though IEEPA doesn't mention tariffs at all, and its invocation requires the existence of a "national emergency" and an "unusual and extraordinary threat" to the United States. I was also struck by the fact that none of the judges asked about remedies or the scope o the injunction that should be imposed against the tariffs if we prevail, including whether the injunction should be nationwide or limited to our clients. In addition, there is the aptly named Princess Awesome case filed by the Pacific Legal Foundation on behalf of ten businesses (also before the CIT), a case filed by the state of California in federal district court, one by the New Civil Liberties Alliance (challenging tariffs against China on behalf of an importer, filed in district court), and one brought by members of the Blackfeet Nation Native American tribe (challenging tariffs against Canada, filed in district court; that court ruled the case should be transferred to CIT, and the plaintiffs have appealed that ruling).
Author: Ilya Somin
Published at: 2025-05-13 22:36:31
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