Overview

• Oral arguments in V.O.S. Selections v. Trump are scheduled for July 31 before the U.S. Court of Appeals for the Federal Circuit.
• Plaintiffs comprising five small business owners and twelve states contend that IEEPA does not authorize tariffs and has never been used for that purpose in its nearly 50-year history.
• In May, a Court of International Trade panel struck down the ‘Liberation Day’ duties as exceeding any presidential authority under IEEPA, but the Federal Circuit put that decision on hold.
• The administration invoked IEEPA to justify 10 to 15 percent tariffs on major trading partners, citing national emergencies over trade deficits and fentanyl trafficking.
• A decision against the White House could invalidate recent U.S. trade agreements and lead to a Supreme Court review of executive trade authority.