A newsletter by Reuters and Westlaw |
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REUTERS/Athit Perawongmetha |
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The case before the Federal Circuit challenges the tariffs Trump imposed in April and February (read the complaints here and here). However, a ruling against the administration would also undermine the latest round of sweeping tariffs on dozens of countries that he unveiled last week.
- The case centers around Trump's use of the International Emergency Economic Powers Act and the Federal Circuit heard arguments last week. The panel of 11 judges sharply questioned the government about Trump's use of IEEPA, but did not rule from the bench.
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If the Federal Circuit rules in the coming weeks, there is still time for the U.S. Supreme Court to add the case to its regular docket for the 2025-2026 term, which begins on October 6.
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There's no consensus among court-watchers about what the Supreme Court will do. Critics of Trump's tariffs are optimistic their side will win. They point to the Supreme Court's decision from 2023 that blocked President Biden from forgiving student loan debt. In that ruling, the justices limited the authority of the executive branch to take action on issues of "vast economic and political significance" except where Congress has explicitly authorized the action. But the justices in other cases have endorsed a broad view of presidential power, especially when it comes to foreign affairs.
- A loss at the Supreme Court would hamstring Trump in future tariff negotiations, but the White House has other ways of imposing tariffs, like a 1962 law that allows the president to investigate imports that threaten national security. Trump has already used that law to put tariffs on steel and aluminum imports, and those levies are not at issue in the case before the Federal Circuit.
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Read more about what’s next in the case.
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Lawyers for the deceased sex offender Jeffrey Epstein, his associate Ghislaine Maxwell, and the alleged victims in their sex trafficking cases face a deadline today to tell a U.S. judge their position on the DOJ’s bid to unseal the grand jury records in her case.
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U.S. District Judge Richard Leon in D.C. will hold a preliminary injunction hearing in a class action lawsuit challenging the termination of the Inflation Reduction Act’s Environmental and Climate Justice Block Grant program. Read the complaint.
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The FBI is expected to release its annual report on crime in the United States.
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Court calendars are subject to last-minute docket changes. |
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