NCLA opposed the government’s motion to transfer the Learning Resources v. Trump lawsuit to the U.S. Court of International Trade (CIT). That suit challenges President Donald Trump’s unlawful attempt to impose import tariffs using the International Emergency Economic Powers Act (IEEPA). The IEEPA authorizes specific emergency actions like imposing sanctions or freezing assets to protect the United States from foreign threats. It does not mention tariffs or authorize the President to impose them.

The CIT only has jurisdiction to hear cases arising from “laws that provide for tariffs”—which the IEEPA does not do. The government has failed to cite a single past case that actually supports transferring Learning Resources to the CIT. No other President thought the IEEPA provided tariff authority or tried to use the statute for that purpose.