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ARTICLE · 06 JUNE 2025

IEEPA Tariffs At A Crossroads: Courts Intervene, What Comes Next?

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Last week, two different district courts found that President Donald Trump did not have the authority under the International Emergency Economic Powers Act ("IEEPA") to impose sweeping tariffs.

GlobalInternational Law
Timothy Keeler
Timothy Keeler
Adam S. Hickey
Adam S. Hickey
Warren S. Payne
Warren S. Payne
Shelby L. Colson
Shelby L. Colson
Jacob Reiskin
Jacob Reiskin
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Last week, two different district courts found that President Donald Trump did not have the authority under the International Emergency Economic Powers Act ("IEEPA") to impose sweeping tariffs.

On May 28, 2025, the United States Court of International Trade, ("CIT") sitting in a three-judge panel, granted summary judgment in favor of a coalition of states and businesses challenging the President's imposition of tariffs under the International Emergency Economic Powers Act ("IEEPA"). The CIT held that the tariffs exceeded the statutory authority delegated to the President and violated constitutional principles governing the separation of powers and congressional delegation. On May 29, the U.S. Court of Appeals for the Federal Circuit ("CAFC") stayed the CIT's order, and requested that the plaintiff-appellees, a coalition of businesses and state attorneys general file a response to the government's appeal by June 5. The government's reply is due June 9.

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