CIT Says 12 States Challenging Trump Tariffs Can File Brief Addressing Parallel IEEPA Case
The Court of International Trade on April 29 told the 12 states challenging President Donald Trump's tariff action taken under the International Emergency Economic Powers Act they may file a brief laying out their position on a group of five importers' motion for summary judgment against Trump's reciprocal tariffs by May 8. The court said in a text-only order that the brief, not to exceed 10,000 words, doesn't bar the states from filing their own motion at a later date, nor will the brief be construed as a "waiver or forfeiture of any claim or argument."
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The court said the U.S. is due to file a response to this brief by May 12.
The 12 states, led by Oregon, filed suit last month to contest all tariff action taken under IEEPA (see 2504300037). The suit is one of many challenging the tariffs and follows a case brought by a group of five importers, which is currently being briefed on the importers' joint motion for a preliminary injunction and summary judgment (see 2504300037). Both the states and the importers are arguing that Trump exceeded the authority granted by IEEPA and that the statute is an unconstitutional delegation of power.
Both cases were assigned to the three-judge panel of Jane Restani, Gary Katzmann and Timothy Reif, yet the cases have not been consolidated or stayed.