News & Analysis as of

International Trade Constitutional Challenges

Alston & Bird

Federal Circuit Decision on IEEPA Tariffs Appealed to Supreme Court

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On September 3, 2025, the U.S. government filed a petition for a writ of certiorari requesting that the Supreme Court review on an expedited basis the 7-4 decision of the U.S. Court of Appeals for the Federal Circuit, which...more

Frost Brown Todd

Beyond IEEPA: Exploring President Trump’s Remaining Tariff Options

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In early 2025, the U.S. government imposed steep tariffs under the International Emergency Economic Powers Act (IEEPA) targeting imports from China, Canada, and Mexico. These tariffs were levied, in part, as penalties for the...more

Perkins Coie

Federal Circuit: “Reciprocal” and “Trafficking” Tariffs Unlawful

Perkins Coie on

Two key Trump administration tariff measures were ruled unlawful by the U.S. Court of Appeals for the Federal Circuit in V.O.S. Selections, et al. v. Trump (Fed. Cir. Case No. 25-1812) on August 29, 2025. This marks the first...more

Warner Norcross + Judd

The Federal Circuit Court of Appeals Affirms IEEPA Tariffs Are Illegal

Earlier this year, the U.S. Court of International Trade found that President Donald Trump had exceeded the powers granted to him under the International Emergency Economic Powers Act of 1977 (IEEPA) in imposing “Trafficking...more

Amundsen Davis LLC

Federal Appeals Court Strikes Down Trump Tariffs: Implications for U.S. Businesses

Amundsen Davis LLC on

On May 28, 2025, the United States Court of International Trade (“CIT”) determined that the Trump administration’s use of the International Emergency Economic Powers Act (“IEEPA”) to impose (1) overly broad worldwide...more

BCLP

Federal Circuit Affirms IEEPA Tariffs' Invalidation But Questions Persist as to Future Injunctive and Monetary Relief for...

BCLP on

At summer’s start, the U.S. Court of International Trade (“CIT”) made headlines with a landmark decision invalidating the Trump Administration’s imposition of tariffs on nearly all imported goods from nearly all U.S. trading...more

Husch Blackwell LLP

Federal Circuit Finds IEEPA Reciprocal Tariffs and Trafficking Tariffs Illegal but Continue to Be Required at Time of Entry

Husch Blackwell LLP on

The U.S. Court of Appeals for the Federal Circuit held unenforceable the Trump administration’s Reciprocal Tariffs and Trafficking Tariffs instituted under the International Emergency Economic Powers Act (IEEPA). In V.O.S....more

Kelley Drye & Warren LLP

Federal Circuit Affirms That IEEPA Tariffs Are Unlawful

On Friday, August 29, the U.S. Court of Appeals for the Federal Circuit issued a decision striking down the global reciprocal tariffs (“Reciprocal Tariffs”) and the fentanyl-related tariffs on Canada, Mexico, and China...more

Clark Hill PLC

Federal Circuit invalidates Trump’s IEEPA tariffs on global imports

Clark Hill PLC on

In a landmark ruling, the U.S. Court of Appeals for the Federal Circuit has affirmed that the President lacks authority under the International Emergency Economic Powers Act (IEEPA) to unilaterally impose tariffs on imports. ...more

Husch Blackwell LLP

Federal Circuit Finds IEEPA Fentanyl and Reciprocal Tariffs Illegal But Continue to Be Required at Time of Entry

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The U.S. Court of Appeals for the Federal Circuit issued its decision in VOS Selections Inc. v. United States where the plaintiffs challenged the validity and legality of the Trump administration’s tariffs instituted under...more

Baker Botts L.L.P.

Trump Tariff Tracker -- August 28

Baker Botts L.L.P. on

The implementation of the reciprocal tariffs continues to have an impact on U.S. consumers. The "de minimis" exemption, which allows packages worth less than $800 to come into the U.S. duty-free, is ending tomorrow, August...more

Davis Wright Tremaine LLP

Trump Administration's Recent Executive Orders Impose New Tariff Rates for Most U.S. Trading Partners

Late on Thursday, July 31, 2025, with just hours to go before his self-imposed deadline, President Trump issued executive orders setting forth new tariff rates to apply to most goods imported to the United States from around...more

Jenner & Block

As President Trump Announces New Tariffs, Federal Circuit Questions “Breathtaking” Scope of Trump's Claimed Tariff Authority

Jenner & Block on

On August 3, 2025, the US Court of Appeals for the Federal Circuit, sitting en banc, heard nearly two hours of oral argument in V.O.S. Selections, Inc. v. Trump. Argument focused on whether the president has the authority to...more

Braumiller Law Group, PLLC

Hot Topics in International Trade - August 2025 - Trade Letters and Tariff Deals – What Is Going On?

BACKGROUND Since taking office on January 20, 2025, the Trump Administration has undertaken an aggressive trade policy that has impacted, and will continue to impact, all countries trading with the US. Many of the actions...more

Jenner & Block

Amicus Brief Filed on Behalf of Leading Economists Urging Federal Circuit to Block Tariffs Imposed Under IEEPA

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Jenner & Block filed an amicus brief before the US Court of Appeals for the Federal Circuit on behalf of a distinguished group of economists in V.O.S. Selections, Inc. v. Trump. The brief supports plaintiffs challenging...more

White & Case LLP

When Worlds Collide: Tackling Taxes and Tariffs

White & Case LLP on

The Trump Administration's renewed focus on tariffs has created novel and interrelated issues for businesses' tax and trade functions. Businesses are now faced with a changing landscape and are exploring strategies to...more

Husch Blackwell LLP

Importers Seek Review by Supreme Court of Challenge to IEEPA Tariffs

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On June 17, 2025, the two importers who filed a lawsuit in U.S. District Court challenging President Trump’s authority to issue tariffs under the International Emergency Economic Powers Act (“IEEPA”) petitioned the Supreme...more

Troutman Pepper Locke

IEEPA Tariffs to Remain Temporarily Despite Adverse Ruling; Aluminum and Steel Tariff Rate Increased

Troutman Pepper Locke on

On May 28, the U.S. Court of International Trade ruled that the tariffs imposed by President Trump under the International Emergency Economic Powers Act (IEEPA) were unlawful. In the case of V.O.S. v. United States, the court...more

Gray Reed

Appeals Court Keeps Trump’s Tariffs in Place—What’s Next for U.S. Trade Policy?

Gray Reed on

The ongoing legal battle over President Trump’s tariffs has taken another not completely unexpected turn, as a federal appeals court has decided to keep the tariffs in effect—at least for now. This decision comes amid a...more

BCLP

Importers Who Paid IEEPA Tariffs That Were Later Ruled Unlawful Seek Refunds

BCLP on

Markets plunged earlier this year upon President Trump’s announcement of steep tariffs on imports to the U.S. from its trading partners, at rates varying from 10% to 125% depending on the country of the imported goods’...more

Braumiller Law Group, PLLC

Hot Topics in International Trade - June 2025 - Trump’s Plan B for Tariffs

On May 28, 2025, the United States’ Court of International Trade (CIT) struck down the President’s use of the International Economic Emergency Powers Act (IEEPA) to impose tariffs. This includes tariffs imposed on Canada,...more

DLA Piper

Trump Administration Continues Tariff-Driven Trade Policy Despite Legal Challenges

DLA Piper on

Recent legal challenges to the Trump Administration’s tariff agenda have generated heightened uncertainty within the trade environment, and companies are encouraged to take note. On May 28, 2025, the US Court of...more

Woods Rogers

Tariff Turmoil: Trump’s Trade Regime Hits Legal Snags

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In 24 hours, two federal courts injected significant uncertainty into the viability of tariffs implemented by President Trump under the authority of the International Emergency Economic Powers Act (IEEPA)....more

Braumiller Law Group, PLLC

Hot Topics in International Trade - June 2025 - Tariffs Legal Decisions Under IEEPA Raise Constitutional Issues for Circuit...

Several lawsuits challenging the legal validity of the tariff actions taken by President Trump since he took office on January 20, 2025, are in process of moving through the federal courts. They raise a variety of important...more

Morrison & Foerster LLP

Two Federal Courts Temporarily Strike Down President Trump’s IEEPA Tariffs

On May 28, 2025, the U.S. Court of International Trade (CIT) ruled that President Trump lacks authority under the International Emergency Economic Powers Act (IEEPA) to impose his most sweeping tariffs against U.S. trading...more

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