(Trade Law Daily)—The Court of International Trade on May 13 heard arguments in the lead case on the president’s ability to impose tariffs under the International Emergency Economic Powers Act.
Judges Jane Restani, Gary Katzmann and Timothy Reif pressed counsel for the plaintiffs, the Liberty Justice Center’s Jeffrey Schwab, and DOJ attorney Eric Hamilton on whether the court can review whether a declared emergency is “unusual and extraordinary,” as well as the applicability of Yoshida International v. U.S., a key precedential decision on the issue, and whether the major questions doctrine applies and controls the case…
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