Overview

• During Thursday’s oral arguments, an 11-judge Federal Circuit panel repeatedly pressed the administration’s lawyer on why a decades-old emergency law authorizes sweeping global import duties
• Circuit Judge Jimmie Reyna observed that the International Emergency Economic Powers Act “doesn’t even mention the word ‘tariffs,’” underscoring the panel’s incredulity
• After a specialized trade court ruled in May that the April 2 “Liberation Day” tariffs exceeded Trump’s authority, the appeals court stayed that order and kept the 10 percent duties in place
• Twelve Democratic-led states and five businesses contend that only Congress has constitutional power to set tariffs and that IEEPA cannot override that delegation
• No ruling was issued from the bench, leaving the levies active and the dispute headed for an anticipated Supreme Court review