Amicus Briefs
V.O.S. Selections, Inc., et al. v. Trump
CASE SUMMARY
NCLA urges the U.S. Court of Appeals for the Federal Circuit to affirm the Court of International Trade’s ruling that President Trump’s attempts to impose tariffs using the International Emergency Economic Powers Act (IEEPA) are unlawful. The Court of International Trade ruled that IEEPA does not give the President authority to impose unlimited tariffs on goods from nearly all foreign countries. NCLA urges the Federal Circuit to affirm and expand that decision by holding that IEEPA does not provide the President with any tariff power at all.
As NCLA has argued in Simplified, et al. v. Trump, where it brought the first challenge to the emergency tariffs, IEEPA does not authorize any tariffs—only defensive emergency actions such as imposing sanctions or freezing assets to protect the United States from foreign threats. In IEEPA’s nearly 50-year history, no other president has ever tried to use the statute to impose tariffs.