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The Latest Breaking News from CIT

Thoughts on Today's Oral Argument in the Section 122 Tariff Cases

The outcome is unclear. But the judges seemed skeptical of the Trump Administration's claims that Section 122 grants them sweeping tariff powers.

Reason

In New Tariff Cases, Trump Asserts 'Unreviewable' Power To Invent a Balance-of-Payments Deficit

The Court of International Trade is weighing the legality of the import taxes that the president wants to impose under Section 122 of the Trade Act of 1974.

Reason

US could owe over €110bn in tariff refunds after court rejects Trump delay

After the US federal appeals court rejected Trump’s attempt to postpone proceedings on refunds for tariffs, the CIT must now establish a framework for what could become the largest tariff refund operation in US history.

Euronews

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Trump's Rationale for His New Tariffs Contradicts the Position He Took Before His Supreme Court Defeat

The president is relying on a provision that the government's lawyers said had no "obvious application" to his goal of reducing the trade deficit.

Reason

US businesses clamor for refunds after supreme court strikes down Trump’s tariffs

Refunds were not addressed by supreme court ruling, and they’ll likely play out in lower courts over extended period

The Guardian - US

Even Without the 'Emergency' Powers SCOTUS Rejected, Trump Has a Bunch of Tariff Options

There are many laws that explicitly authorize the president to impose taxes on imports, but they include limits that Trump was keen to avoid.

Reason

The College Basketball Players and Teams Implicated in Federal Game-Fixing Indictments

The scheme allegedly involves at least 39 players, 29 games and 17 Division I men’s basketball teams from the 2023–24 and ’24–25 seasons.

Sports Illustrated

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The Kawasaki Tariff Case Takes Yet Another Turn, and It's No Holiday

Even more companies with names you might recognize have joined the case, but it's not yet clear what the New Year will bring.

RideApart

The little-known program contributing to a decline in overdose deaths in the US

Crisis intervention training helps police recognize substance use disorders and connect people with treatment

The Guardian - US

Supreme Court Will Hear Our Case Challenging Trump's Tariffs - and Two Other Related Cases

The cases will be considered on an accelerated schedule.

Reason

The Federal Circuit's Tariff Ruling Highlights the Audacity of Trump's Power Grab

Seven judges agreed that the president's assertion of unlimited authority to tax imports is illegal and unconstitutional.

Reason

Federal Appeals Court Says Trump's Tariffs Are Unlawful, Allows Them To Remain in Place

Trump went "beyond the authority delegated to the President," the court ruled, but it vacated an injunction that could have provided immediate tariff relief to American businesses.

Reason

Hiking Tariffs on Canada, Trump Demands 'Adequate Steps' To Achieve an Impossible Drug War Goal

Canada accounts for a tiny percentage of fentanyl smuggling, which cannot be stopped by trying harder.

Reason

Can Trump Use Emergency Powers To Tax All Imports? His Tariffs Are Back in Court on Thursday.

To win in court, the Trump administration will have to argue against a pair of legal theories that conservatives have spent years developing as a way to check executive power.

Reason

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Reason

Defending the Court of International Trade Ruling Against Trump's Tariffs—A Reply to Estreicher and Babbitt [Updated]

Estreicher and Babbitt are right to conclude that Trump's tariffs violate the nondelegation doctrine, but wrong to reject other arguments against them.

Benzinga

Cato Institute, NCLA Urge Appeals Court To Reject Trump Tariffs Citing Unauthorized Use Of Statute: Report

The Cato Institute and the New Civil Liberties Alliance (NCLA) have called on the Federal Circuit to strike down President Donald Trump‘s tariffs, arguing they rely on a statute that does not grant any authority to impose such tariffs.

Reason

Appeals Court Briefs Say Trump's Tariffs Are Based on a Statute That Does Not Authorize Tariffs at All

The Cato Institute and the New Civil Liberties Alliance urge the Federal Circuit to extend the logic of a decision against the president's far-reaching import taxes.

Reason

Defending the Court of International Trade Ruling Against Trump's Tariffs—A Reply to John Yoo

Yoo's criticisms are off the mark, for a variety of reasons. But, tellingly, he actually agrees Trump's IEEPA tariffs are illegal, merely disagreeing with the court's reasons for reaching that conclusion.

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Reason

Defending the Court of International Trade Ruling Against Trump's Tariffs—A Reply to Jack Goldsmith

The CIT ruling is much stronger than Prof. Goldsmith contends. The same is true of a related ruling by federal District Court Judge Rudolph Contreras.

Reason

The Legal Battle Over the Motion to Stay the Decision Against Trump's Tariffs

This crucial procedural issue is now before the US Court of Appeals for the Federal Circuit. Its resolution will determine whether the tariffs are immediately suspended, or get to continue so long as the case is stil being litigated.

Reason

Morning Consult Poll Indicates Judicial Invalidation of Trump's Tariffs is Popular

The poll finds 55% approve and only 30% disapprove of the recent ruling against his IEEPA tariffs.

Reason

Two Courts Have Ruled Against Trump's Tariffs—but Not for the Same Reasons

Both are wins for free trade, but only one vindicates the separation of powers.

Reason

From Stanford Prof. Michael McConnell on the Tariff Decicions

Prof. Michael McConnell at the Stanford Law School, a leading constitutional law scholar (and former Tenth Circuit judge), passed this… The post From Stanford Prof. Michael McConnell on the Tariff Decicions appeared first on Reason.com.

Reason

Federal District Court Issues Another Ruling Against Trump's IEEPA Tariffs

The decision by Judge Rudolph Contreras of the US District Court for the District Columbia holds IEEPA doesn't authorize the president to impose tariffs at all.

Reason

Federal Circuit Issues Brief Administrative Stay in Our Tariff Case

This is a standard order imposing a brief stay of the trial court ruling, while the parties litigate the issue of whether a longer stay should be imposed.

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