Overview

• Judges pointed out that IEEPA “doesn’t even mention the word ‘tariffs’,” reflecting deep doubts about its application to sweeping import duties.
• Government lawyer Brett Schumate argued that IEEPA’s authority to “regulate” imports grants the president power to impose reciprocal tariffs during a national emergency.
• The April 2 “Liberation Day” tariffs remain in effect after the Federal Circuit stayed a May ruling by the Court of International Trade that had struck them down.
• Five small businesses and a coalition of 12 Democratic-led states are challenging the unprecedented use of IEEPA to levy sweeping tariffs without congressional approval.
• Pending the appeals court’s ruling, a Supreme Court review of presidential trade authority is widely anticipated.