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The Latest Breaking News from the Federal Circuit

Is Judge Pauline Newman Entitled to Her Day in Court?

Her cert petition to the Supreme Court presents the important jurisdictional question of whether the Judicial Disability Act bars all judicial review of a decision by her fellow judges to remove her from active service.

Reason

US Court of International Trade Orders Refund of All Illegally Collected IEEPA Tariffs

Importantly, the Court ordered payment of refunds even to those businesses who have not filed a lawsuit to claim them.

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 bid to have tariff refund process slowed rejected by federal court

Trump’s Justice Department had urged the Federal Circuit last Friday to proceed cautiously and impose a 90-day delay, but judges dismissed the request

The Independent UK

A Puzzle about Learning Resources v. Trump

Why is the decision named what it is?

Reason

Supreme Court Decides Our Tariff Case - and We Won!

In a 6-3 decision, the Court ruled that the International Emergency Economic Powers Act does not authorize tariffs.

Reason

Supreme Court sounds skeptical of broad Trump tariff powers - Roll Call

The Supreme Court appeared skeptical during oral arguments Wednesday of President Donald Trump’s worldwide tariff regime.

Roll Call

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Trump Has a Habit of Asserting Broad, Unreviewable Authority

Whether he is waging the drug war, imposing tariffs, deporting alleged gang members, or fighting crime, the president thinks he can do "anything I want to do."

Reason

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

Supreme Court to decide challenge to Trump’s tariff power - Roll Call

The Supreme Court said Tuesday it would decide the legality of the majority of President Donald Trump’s worldwide tariff regime.

Roll Call

Trump asks Supreme Court to quickly decide tariffs challenge - Roll Call

The Trump administration asked the Supreme Court to quickly decide the legality of the president’s broad tariff regime.

Roll Call

Trump asks Supreme Court to take up tariffs case and reverse ruling

It's the latest in a series of Trump administration appeals to a Supreme Court he helped shape, and one that is expected to put a centerpiece of the president's trade policy before the justices.

Euronews

The Rationale for the Federal Circuit's 'Radical Left' Tariff Decision Is Fundamentally Conservative

Donald Trump's claim that the appeals court ruled against him for partisan or ideological reasons is hard to take seriously.

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

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Euronews

Trump’s tariffs knocked down by federal appeals court. What now?

The US Court of Appeals for the Federal Circuit ruled Friday that Trump went too far when he declared national emergencies to justify imposing sweeping import taxes on almost every country on earth.

The Independent UK

Trump aides scramble to defend tariffs after bombshell court ruling – and as crucial jobs report looms

Trump claims the tariffs generate revenue even as the economy has shown signs that they will increase prices for consumers

Reason

Federal Circuit Rules Against Trump's Massive IEEPA Tariffs in Our Case Challenging Them

In a 7-4 ruling, the en banc court upheld trial court ruling against all the challenged tariffs. The scope of the injunction against them remains to be determined.

Fortune

Trump's reciprocal tariffs are struck down by federal appeals court, putting trade deals and huge revenue windfall at risk

The 7-4 ruling won't take effect until Oct. 14, as the court sought to give the Trump administration time to appeal to the Supreme Court.

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Benzinga

Trump's Reciprocal Tariff Move Promises 'Billions…From Countries That Have Taken Advantage' Of US, But President Warns One Thing Could Ruin It

President Donald Trump announced that new “reciprocal tariffs” have taken effect, claiming the move will bring billions of dollars into the U.S. from countries that have long taken advantage of it.

Reason

Federal Circuit Judges Question Trump's Discovery of Vast Tariff Powers

The president is claiming "unbounded authority" to impose import taxes based on a law that does not mention them.

Reason

Federal Court Appears Receptive to Arguments Against Unilateral Presidential Tariff Power

President Trump’s invocation of emergency powers to impose tariffs faces skeptical judges.

Reason

Today's Federal Circuit Oral Argument in Our Tariff Case

Outcomes are hard to predict. But the judges seemed skeptical of the administration's claim that the president has virtually unlimited power to impose tariffs.

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

Professor Greg Sisk on the Trump Administration's Failure to Transfer Federal Grant Litigation to the Court of Claims

Professor Sisk suggests that in jurisdictional disputes in litigation against the Trump Administration, an earlier answer would be better.

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.

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