Florida Court Permits US to File Reply in Support of Bid to Transfer IEEPA Case to CIT
The U.S. District Court for the Northern District of Florida on May 8 permitted the U.S. to file an additional reply brief in support of its motion to transfer a case challenging certain tariff action taken under the International Emergency Economic Powers Act to the Court of International Trade. Judge Kent Wetherell gave the government until May 19 to file its reply addressing the plaintiffs' "merits arguments" (Emily Ley Paper v. Donald J. Trump, N.D. Fla. # 3:25-00464).
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The case was brought by the New Civil Liberties Alliance (NCLA), a conservative legal advocacy group, on behalf of a group of importers in the Florida court to challenge President Donald Trump's IEEPA tariffs on China (see 2504150022). The U.S. moved to transfer the case to the trade court on the grounds that, under Section 1581(i), CIT has exclusive jurisdiction to hear the case (see 2504150022). The statute says only CIT can hear cases that arise out of laws providing for tariffs.
The NCLA opposed this motion on May 5, arguing that the case belongs in the Florida court since IEEPA doesn't provide for tariff-setting authority (see 2505060017).