On August 29, 2025, the US Court of Appeals for the Federal Circuit (CAFC) issued a 7-4 en banc opinion in VOS Selections, Inc. v. Trump, holding that the International Emergency Economic Powers Act (IEEPA) does not authorize the President to impose broad, indefinite tariffs. The case was initially brought in the Court of International Trade (CIT) by private businesses and the US state attorneys general. The President invoked IEEPA on various grounds, including concerns about drug enforcement, border security, and trade deficits. In a May decision granting summary judgment to the VOS Selections plaintiffs, the CIT found that IEEPA does not authorize the President to impose the tariffs at issue, which the US Government appealed.
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