Inside Trade

September 26, 2025

Court of International Trade

Federal Circuit judges keep IEEPA tariffs in effect, for now 

Judges on the U.S. Court of Appeals for the Federal Circuit have granted a short-term administrative stay of the Court of International Trade’s ruling that overturned President Trump’s use of the International Emergency Economic Powers Act to impose tariffs on U.S. trading partners, ensuring the duties will remain in place through at least June 9. “The request for an immediate administrative stay is granted to the extent that the judgments and the permanent injunctions entered by the Court of International...

DOJ will seek Supreme Court stay of trade court’s tariff ruling by Friday

The Justice Department is vowing to petition the Supreme Court no later than Friday to let it continue enforcing President Trump’s International Emergency Economic Powers Act tariffs while it appeals a decision striking them down, unless lower courts stay that order on their own in the coming hours. DOJ filed an emergency motion shortly before noon on May 29 asking the U.S. Court of Appeals for the Federal Circuit to suspend a Court of International Trade order holding the IEEPA...

Second court finds Trump’s IEEPA tariffs unlawful

Editor's note: This story has been updated with information on DOJ's appeal. The U.S. District Court for the District of Colombia on Thursday became the second court to rule President Trump cannot use the International Emergency Economic Powers Act to impose sweeping tariffs, issuing a preliminary injunction against the tariffs that will be stayed for two weeks to allow the government to appeal. The Court of International Trade on Wednesday found that Trump exceeded his authority under IEEPA in using...

White House seeks to preserve IEEPA tariffs during appeal of CIT ruling

The Trump administration is moving quickly to appeal the Court of International Trade’s decision striking down International Emergency Economic Powers Act tariffs while pressing CIT to stay its order as that process plays out, warning judges that the ruling threatens to “grind to a halt” dozens of trade negotiations or force the U.S. to accept unfavorable terms. “It is critical, for the country’s national security and the President’s conduct of ongoing, delicate diplomatic efforts, that the Court stay its judgment...

CIT overturns Trump’s IEEPA tariffs, rejecting ‘unbounded’ emergency power

In a landmark decision, the Court of International Trade has ruled that President Trump overstepped his statutory authority when he used the International Emergency Economic Powers Act to enact new tariffs on imports from nearly all U.S. trading partners, vacating each of those duties as unlawful and potentially upending the administration’s trade policy. CIT’s ruling , issued late on May 28, vacates all the tariffs Trump has imposed under IEEPA since returning to office this year, including duties on Canada,...

District judges split on battle over sending IEEPA suits to CIT

Federal district judges in California and Washington, DC, took starkly different stances at separate Tuesday hearings on the fight over which courts have authority in challenges to President Trump’s International Emergency Economic Powers Act tariffs, previewing what could be a novel judicial split both on jurisdiction and the tariffs’ legality. In hearings that took place just 90 minutes apart on opposite coasts, Judge Jacquelyn Scott Corley of the U.S. District Court for the Northern District of California and Judge Rudolph...

White House says loss in tariff suits a ‘disaster scenario’ for trade talks

U.S. Trade Representative Jamieson Greer and other Cabinet officials are warning courts considering suits over President Trump’s International Emergency Economic Powers Act tariffs that blocking the duties would eliminate U.S. leverage in trade negotiations with a host of countries. “In each case, those ongoing, delicate negotiations are premised on the ability of the President to impose tariffs under IEEPA. If the President is enjoined from exercising his authority under IEEPA to impose tariffs to address these urgent threats, the premise...

CIT weighs legality of de minimis phaseout in new challenge to Trump agenda

An auto parts company is asking the Court of International Trade to reverse President Trump’s termination of the de minimis tariff exemption for low-value Chinese shipments, saying both the White House has no power to unilaterally narrow or eliminate de minimis and that changes to the program can be made only through formal rulemaking. Detroit Axle, a Michigan-based firm that sells Chinese-made auto parts to U.S. buyers, filed suit with CIT on May 16, two weeks after the Trump administration...

Dodging IEEPA venue fight, judge says CIT has authority over all tariff changes

A judge on the Court of International Trade told lawyers at a hearing on Wednesday that weeks of litigation over which courts will review tariffs imposed under the International Emergency Economic Powers Act have ignored the trade court's jurisdiction over any action that amends the Harmonized Tariff Schedule of the United States, no matter what other statutes are involved. Twice during CIT’s May 21 hearing on states’ challenge to President Trump’s IEEPA tariffs, Judge Jane Restani turned away from the...

CIT judges target ‘political question’ defense in tariff hearing

Judges on the Court of International Trade spent most of a two-hour hearing on Wednesday addressing whether President Trump’s decision to use the International Emergency Economic Powers Act to impose new tariffs on U.S. trading partners is a “political question” exempt from judicial review, appearing to narrow their focus in what has been wide-ranging litigation over the duties. The May 21 session, in a suit brought by 12 Democratic state attorneys general targeting a wide range of IEEPA tariffs, was...

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