Inside Trade

October 7, 2025

CIT judges grapple with Nixon-era precedent in IEEPA tariff challenge

By David LaRoss  / May 13, 2025 at 5:29 PM
Judges on the Court of International Trade spent much of a Tuesday hearing on President Trump’s International Emergency Economic Powers Act tariffs wrestling with a Nixon-era precedent that the Justice Department says requires CIT to uphold the duties, questioning how closely the current program -- and IEEPA itself -- match the policy in the earlier case. A three-judge CIT panel spent more than two hours on May 13 pressing attorneys from both sides of the IEEPA litigation on many aspects...

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