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The Latest Breaking News from the Federal Circuit

Our New Federal Circuit Amicus Brief in the Section 122 Tariff Case

The brief explains why the Section 122 tariffs are illegal and run afoul of the major questions and nondelegation doctrines.

Reason

How Trump's Tariffs Undermine US Trustworthiness and Credibility—and What Can Be Done to Stop it

Economist David Hebert highlights an underappreciated danger of Trump's tariff mania. It's a serious problem, but one that can at least be mitigated.

Reason

Colorado was the first state to cap a drug’s price – then a federal court stepped in

Colorado is one of a handful of states with a review board for drug prices and one of only four with a board empowered to set upper limits on what state agencies, insurers and other purchasers may pay or be reimbursed for certain high-cost drugs dispensed to patients in the…

The Conversation

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Federal Circuit Stays Enforcement of Ruling Against Trump's Section 122 Tariffs

The ruling is flawed on both substantive and procedural grounds.

Reason

As US Customs refines its tariff refund system, who gets in to apply is under dispute

A federal judge has questioned a U.S. Customs and Border Protection official about the government's process for refunding billions of dollars importers paid before the Supreme Court struck down some of tariffs imposed by President Donald Trump

AAP

As US Customs refines its tariff refund system, who gets in to apply is under dispute

A U.S. Customs and Border Protection agency official is set to testify in federal court about the U.S. government's plans for refunding billions of dollars in tariffs that the Supreme Court ruled President Donald Trump imposed illegally

AAP

US Customs’ $166 billion tariff refund plan faces court fight over who gets access to payouts

A government official testifies today in federal court. This concerns billions of dollars in import taxes. The Supreme Court ruled these taxes illegal. The court will decide if refunds are expedited. The Justice Department appealed a ruling for all businesses to get refunds. This hearing may clarify the refund process.…

The Economic Times

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Will the Supreme Court Review Judge Newman's Stealth Impeachment?

The Court should grant cert on the important separation of powers issue raised by her long-running, allegedly "temporary suspension" from case assignments.

Reason

US Court of International Trade Refuses to Stay Injunction Against Trump's Section 122 Tariffs

The decision means the injunction blocking collection of the tariffs will not be blocked while litigation continues.

Reason

Federal appeals court releases its own ‘Schoolhouse Rock’ video to explain what it does - and, yes, it’s cringeworthy

The clip, posted to YouTube, features a monkey riding a rocket and judges waving glow sticks under a disco ball

The Independent UK

Chief Judge Moore Commissions Bizarre AI Cartoon About The Federal Circuit Without Judge Newman

Kimberly Moore may rival Neal Katyal for the most cringey YouTube video in recent memory.

Reason

US Court halts order finding new Trump tariffs unlawful for now

A federal appeals court has put a hold on a ruling that found President Donald Trump's global tariffs unlawful. This means importers will continue to pay the 10% tariffs for now. The court is considering the administration's request to keep collecting the levies while it appeals the decision. This pause…

The Economic Times

US asks to keep collecting Trump’s tariffs after court loss

The Trump administration has asked a US appeals court to pause a trade court ruling that struck down President Donald Trump’s 10% global tariffs, allowing the levies to remain while the legal challenge continues.

The Economic Times

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

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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.

Euronews

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.

The Independent UK

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

Reason

A Puzzle about Learning Resources v. Trump

Why is the decision named what it is?

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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.

Roll Call

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.

Reason

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.

Roll Call

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.

Euronews

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.

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