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ARTICLE · 10 SEPTEMBER 2025

Federal Circuit Rules President Lacks Authority For IEEPA Tariffs

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On August 29, 2025, the United States Court of Appeals for the Federal Circuit (Federal Circuit or CAFC) issued a significant decision in V.O.S. Selections, Inc. v. Trump, upholding the Court of International Trade's...

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This article is current at the time of posting.

On August 29, 2025, the United States Court of Appeals for the Federal Circuit (Federal Circuit or CAFC) issued a significant decision in V.O.S. Selections, Inc. v. Trump, upholding the Court of International Trade's (CIT) ruling that President Donald Trump's recent "emergency" tariffs exceeded his statutory authority under the International Emergency Economic Powers Act (IEEPA).1Background on the tariffs and legal challenges can be found in our previous blog post.

This client alert provides background on the Federal Circuit's opinion and analyzes its implications for businesses.

Overview of the Federal Circuit's Decision

In a 7-4 decision, the CAFC upheld the CIT's decision that certain tariffs imposed by President Trump pursuant to IEEPA were contrary to law. This decision related to two sets of IEEPA tariffs.

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