The Federal Circuit, in a 7-4 precedential decision, affirmed the Court of International Trade's core ruling that IEEPA does not authorize sweeping reciprocal and trafficking tariffs imposed by executive order on virtually all imports. The analysis begins with Article I, Section 8's allocation of tariff power to Congress. The court held that IEEPA's grant to "regulate" importation in emergencies does not clearly include authority to impose open-ended, across-the-board tariff schedules, given Congress's historical practice of delegating tariff authority with substantive and procedural limits. The Federal Circuit affirmed declaratory relief invalidating the orders, vacated the nationwide injunction, and remanded for reconsideration of injunctive relief under eBay and recent Supreme Court limits on universal injunctions.
In a 7-4 precedential decision, the Federal Circuit has affirmed the Court of International Trade (CIT) core ruling that the International Emergency Economic Powers Act (IEEPA) does not authorize the Trump Administration's sweeping "reciprocal" and "trafficking" tariffs that the President imposed by executive order on virtually all imports from nearly every country. V.O.S. Selections, Inc. v. Trump, Nos. 2025-1812, -1813 (Fed. Cir. Aug. 29, 2025) ( 25-1812.OPINION.8-29-2025_2566151)
The basic holding in the appeal: IEEPA's grant to "regulate" importation in emergencies does not clearly include the power to impose open-ended, across-the-board tariff schedules, especially given Congress's historic practice of delegating tariff authority expressly and with substantive and procedural limits. The Federal Circuit affirmed declaratory relief invalidating the orders but ultimately vacated the CIT's nationwide injunction and instead ordered the tribunal to reconsider the availability and scope of injunctive relief under eBay and the Supreme Court's recent limits on universal injunctions.
Collection
[
|
...
]