News & Analysis as of

Constitutional Challenges Trump Administration

Gray Reed

Federal Appeals Court Temporarily Reinstates Trump’s Tariffs: What It Means for Trade, Business and Presidential Power

Gray Reed on

The ongoing legal and political saga surrounding President Donald Trump’s tariffs has taken an expected turn following the U.S. Court of International Trade’s surprise ruling earlier this week. A federal appeals court has...more

Vorys, Sater, Seymour and Pease LLP

Supreme Court Sides with Trump Regarding Removal of NLRB and MSPB Members, and Suggests that the Federal Reserve is Different

The United States Supreme Court has granted the Trump Administration’s request to stay United States District Court Judge Beryl Howell’s order reinstating Gwynne Wilcox to the National Labor Relations Board (NLRB) and Cathy...more

Akerman LLP

United States Court of International Trade Strikes Down Trump Tariffs, Limiting Presidential Power Under IEEPA

Akerman LLP on

In a significant decision issued on May 28, 2025, the United States Court of International Trade ruled that certain wide-ranging tariffs imposed by President Donald Trump using the International Emergency Economic Powers Act...more

Sheppard Mullin Richter & Hampton LLP

Federal Court Strikes Down IEEPA Tariffs

On May 28, 2025, a three-judge panel of the U.S. Court of International Trade (CIT) unanimously struck down the extensive tariffs imposed by President Trump under the International Emergency Economic Powers Act (IEEPA). The...more

Foley Hoag LLP - Energy & Climate Counsel

A Challenge to the Constitution for the Ocean? Understanding Trump’s Deep Sea Mining Executive Order

On April 24, 2025, President Trump signed a far-reaching executive order aimed at accelerating the development of deep-sea mining for critical minerals beneath both United States and international waters. Framed as a matter...more

Clark Hill PLC

Trade Court invalidates global reciprocal tariffs and trafficking tariffs, shaping negotiation dynamics

Clark Hill PLC on

On May 28, a U.S. federal trade court issued a decision with a monumental impact on global economies. In a landmark decision, the U.S. Court of International Trade (“CIT”) decisively struck down the Worldwide and...more

Baker Donelson

President Trump's Reciprocal and Fentanyl Trafficking Tariffs Invalidated by the Court of International Trade: What You Need to...

Baker Donelson on

On May 28, 2025, the United States Court of International Trade (CIT) ruled that International Emergency Economic Powers Act of 1977 (IEEPA) does not give the President authority to impose unlimited tariffs on goods from...more

Alston & Bird

Court Strikes Down Reciprocal and Fentanyl Tariffs; Appellate Court Stays the Decision

Alston & Bird on

On May 28, 2025, a three judge panel of the Court of International Trade (the “CIT”) blocked President Trump’s sweeping reciprocal tariffs against nearly every country in the world as well as the tariffs imposed against...more

McGuireWoods LLP

Federal Court Strikes Down Two Key Tariffs, Appeal Pending

McGuireWoods LLP on

On May 28, 2025, the U.S. Court of International Trade declared key tariffs implemented by the Trump administration under the International Emergency Economic Powers Act (IEEPA) unconstitutional. The ruling directly impacts...more

Dorsey & Whitney LLP

Federal Court Strikes Down Trump’s Border Emergency and Global Tariffs

Dorsey & Whitney LLP on

President Trump exceeded his emergency authority when he imposed tariffs on Canadian, Chinese, and Mexican origin goods citing border issues, and global reciprocal tariffs the U.S. Court of International Trade (“CIT”) said on...more

Pierce Atwood LLP

Federal Trade Court Rules Trump Lacks Authority for Tariffs Under IEEPA - D.C. District Court also finds tariffs unconstitutional...

Pierce Atwood LLP on

On May 29, 2025, in a fast-moving case involving President Trump’s authority to issue tariffs using the International Emergency Economic Powers Act (IEEPA), the U.S. Court of Appeals for the Federal Circuit temporarily stayed...more

Benesch

Trump Tariffs Permanent Injunction - What it Means and What to Expect

Benesch on

On May 28th, 2025, the Court of International Trade issued a judgment striking down several of the worldwide tariffs imposed by President Trump in the first and second quarters of 2025. ...more

BakerHostetler

Supreme Court to Decide the Fate of Universal Injunctions

BakerHostetler on

The Supreme Court is prepared to determine the legality of a powerful but controversial judicial remedy — the universal injunction. The case, Trump v. CASA, Inc., reached the Justices after a lower court barred the Trump...more

Foley Hoag LLP - State AG Insights

State Attorneys General Bring Lawsuit Against Executive Order on Energy Emergency

Following up on our previous posts on United States energy policy under the Trump Administration, we are writing with an update on recent State Attorney General (AG) action in response to the Trump Administration’s climate...more

Amundsen Davis LLC

Federal Trade Court Rules Trump Administration’s Use of Emergency Commerce Law to Impose Broad Tariffs Was Unlawful

Amundsen Davis LLC on

On May 28, 2025, the United States Court of International Trade (“CIT”) determined that the Trump administration’s use of the International Emergency Economic Powers Act (“IEEPA”) to impose (1) overly broad worldwide...more

Husch Blackwell LLP

Court of International Trade Unequivocally Declares IEEPA Tariffs to be Unlawful

Husch Blackwell LLP on

On May 28, 2025, a three-judge panel of the U.S. Court of International Trade (CIT), in a unanimous decision, held tariffs imposed by the Trump Administration pursuant to the International Emergency Economic Powers Act of...more

Cozen O'Connor

Democratic AGs Blockade Tariff Orders in Court of International Trade

Cozen O'Connor on

A group of 12 Democratic AGs obtained a ruling from the U.S. Court of International Trade that President Trump’s issuance of tariffs under the International Emergency Powers Act (IEEPA) is unlawful. The court accepted...more

Gray Reed

Tariff Rollercoaster Continues as Court Overturns Trump Mandated Tariffs

Gray Reed on

Yesterday, May 28, 2025 the U.S. Court of International Trade delivered a landmark decision that could reshape the landscape of American trade policy and presidential authority. The court ruled that President Trump exceeded...more

Schwabe, Williamson & Wyatt PC

Court Upholds Rights of DBE Supporters to Intervene

On September 23, 2024, in Mid-America Milling Company et. al. v. United States Department of Transportation, et. al., Case No. 3:23-cv-00072, the United States District Court for the Eastern District of Kentucky (the...more

Warner Norcross + Judd

The U.S. Court of International Trade Stops Several IEEPA Tariffs

Warner Norcross + Judd on

On May 28, the U.S. Court of International Trade in a case challenging tariffs issued under the International Emergency Economic Powers Act of 1977 (IEEPA) filed by V.O.S. Selections, Inc. and other plaintiffs, and joined in...more

Fox Rothschild LLP

Court Strikes Down Trump's Emergency Tariffs, Immediately Halts Collections

Fox Rothschild LLP on

In a sweeping decision released May 28, 2025, a three-judge panel of the U.S. Court of International Trade (CIT) invalidated a broad set of tariffs imposed by President Trump earlier this year under the International...more

Miles & Stockbridge P.C.

Federal Trade Court Strikes Down Bulk of Trump Tariffs

A three-judge panel of the United States Court of International Trade late Wednesday afternoon struck down the reciprocal tariffs imposed last month by the Trump administration....more

Constangy, Brooks, Smith & Prophete, LLP

Out again: Supreme Court pauses reinstatement of ex-NLRB Member Wilcox, one other former official

The U.S. Supreme Court on May 22 stayed the reinstatement of Gwynne Wilcox, a former member of the National Labor Relations Board, and Cathy Harris, a former member of the Merit Systems Protection Board. Both women were...more

Arnall Golden Gregory LLP

Government Investigations Team Insights - May 2025

AGG’s Government Investigations Team Insights provides periodic updates covering legal and regulatory topics. Our team, which includes former federal prosecutors, SEC enforcement attorneys, and federal agency attorneys, has...more

FordHarrison

Supreme Court Keeps Wilcox on the Sidelines – NLRB remains Without a Quorum

FordHarrison on

On May 22, 2025, the Supreme Court granted President Trump’s emergency application to stay the D.C. Circuit Court order that reinstated National Labor Relations Board (NLRB) Member Wilcox. In the 6-3 decision, the Supreme...more

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