Trump IEEPA Tariffs Struck Down by CAFC
What Happened:
Late Friday afternoon the Court of Appeals for the Federal Circuit (CAFC) ruled that the International Emergency Economic Powers Act (IEEPA) does not authorize the President to impose some of the tariffs he has ordered on imported goods under IEEPA authority. While this decision will still likely be examined by the Supreme Court, both the U.S. Court of International Trade (CIT) and the CAFC have now opined that the tariffs were not legally authorized.
The ruling covers:
- IEEPA reciprocal tariffs
- IEEPA fentanyl tariffs (China)
- IEEPA fentanyl border tariffs (Canada and Mexico)
The ruling was not, however, all good news. The CAFC also sent the matter back to the CIT to consider whether the relief should be limited only to those parties that went to Court, and whether the CIT can issue a “universal” injunction (enjoining the Government from applying IEEPA tariffs to any U.S. imports) in light of the Supreme Court’s decision in Trump v. CASA, Inc., 145 S. Ct. 2540 (2025). If the CIT were to change the nature of the relief, it could mean that the tariffs would remain in effect and/or refunds would be delayed or even avoided, for those parties not in Court.
To implement this, the CAFC issued a separate order pausing the remand back to the CIT until October 14, allowing time for the Administration to appeal to the Supreme Court.
What’s Next:
The Administration has confirmed that it will seek review by the Supreme Court. In the meantime, the CAFC’s ruling does […]
