Introduction
Two courts this week invalidated the tariffs issued by the
President under the International Emergency Economic Powers Act
(IEEPA). First, late Wednesday night (May 28), the US Court of
International Trade (CIT) in V.O.S. v. United States
issued an order gutting seventeen executive orders that imposed
tariffs under IEEPA.1 Before the ink could dry on the
order, the government appealed and requested a stay from the CIT.
Before the CIT ruled on that request, the Court of Appeals for the
Federal Circuit (CAFC) stayed the CIT's order — at least
until the government's motion to stay is briefed and
decided.
Then, on May 29, the District Court for the District of Columbia
preliminarily enjoined the government from enforcing IEEPA tariffs
levied against the plaintiffs in Learning Resources v.
Trump. The government likewise immediately appealed. While the
order applies only to the two plaintiffs in the action, it suggests
a path for similar challenges in
