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Federal Circuit to Hear Challenge to Trump’s Emergency Tariffs

A July 31 hearing ahead of Canada and Mexico duties will test whether the president’s use of the International Emergency Economic Powers Act justifies 15% import levies

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Overview

  • Oral arguments in VOS Selections v. Trump are set for July 31 after an appellate stay of a May ruling that struck down the emergency-based tariffs
  • The administration’s 15% tariffs on Canada and Mexico are scheduled to take effect one day after the hearing, keeping import duties in force during judicial review
  • Plaintiffs comprising small businesses and a group of states argue that the International Emergency Economic Powers Act does not grant the president authority to impose broad tariffs
  • A defeat for the administration could void recent trade deals with the EU and prompt a Supreme Court appeal under its current conservative majority
  • Policy analysts warn that invalidating the emergency-based tariffs would disrupt supply chains and erase key trade policy gains touted by the administration