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Federal Circuit Maintains Trump’s Emergency Tariffs Pending July 31 Oral Arguments

Nearly 200 Democratic lawmakers alongside the Cato Institute contend that broad tariffs exceed the International Emergency Economic Powers Act

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Overview

  • The Federal Circuit kept the emergency tariffs in effect on July 9 while scheduling oral arguments for July 31 in V.O.S. Selections, Inc. v. Trump
  • Cato Institute’s amicus brief argues that IEEPA grants sanction and asset-freeze powers but does not authorize sweeping import duties
  • A bipartisan group of nearly 200 House Democrats filed its own brief challenging the emergency declaration as an overreach of executive tariff authority
  • In May the U.S. Court of International Trade struck down most of the tariffs for lacking clear congressional authorization before the appeals court paused that decision
  • Legal experts warn that a ruling in favor of the administration could set a precedent for expanded presidential power over trade and amplify planning uncertainty for import-dependent businesses