On August 29, 2025, in a 7-4 en banc decision, the U.S. Court of Appeals for the Federal Circuit ( Federal Circuit ) affirmed a lower court ruling, stating that IEEPA’s grant of presidential authority to “regulate” imports does not authorize the tariffs. The dissent, however, took a broader view of IEEPA, stating that it authorized the tariffs. For now, these tariffs will remain in effect until at least October 14, 2025, while the Trump Administration appeals to the Supreme Court.
In an earlier blog post , we discussed the Court of International Trade ( CIT )’s May 2025 holding that the International Emergency Economic Powers Act ( IEEPA ) did not authorize certain tariffs imposed by the Trump Administration.
The Federal Circuit affirmed the CIT decision striking down t