(Bloomberg Law)—The next battleground in President Donald Trump’s tariff push is a technocratic federal appeals court that spends most of its time resolving intellectual property disputes.
The US Court of Appeals for the Federal Circuit on Thursday granted the US Justice Department’s emergency motion to pause a US Court of International Trade ruling that a 1977 law doesn’t give the president authority “to impose unlimited tariffs on goods from nearly every country in the world.” The Trump administration immediately appealed.
The Federal Circuit has exclusive appellate jurisdiction over a variety of administrative courts, including the trade court, the Merit Systems Protection Board—which handles federal employment disputes—and the Court of Appeals for Veterans Claims. Compared with the regional circuit courts of appeals, it’s a relative stranger to the myriad court challenges to presidential power during both Trump administrations.
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Author: Michael Shapiro