The first of several lawsuits filed against President Donald Trump's issuance of reciprocal tariffs based on an emergency powers act is set to be heard by a federal appeals court on Thursday.
The U.S. Court of Appeals for the Federal Circuit in Washington will begin hearing oral arguments in V.O.S. Selections v. Trump, the furthest along of several lawsuits challenging Trump's use of the International Emergency Economic Powers Act to levy tariffs, CNBC reported.
Trump cited IEEPA, a law that addresses "unusual and extraordinary" threats during national emergencies, in issuing tariffs on Canada, Mexico, and China over the fentanyl crisis. More than a half dozen lawsuits challenged Trump's interpretation, leading to the U.S. Court of International Trade striking down Trump's tariffs in late May.
The U.S. Court of Appeals for the Federal Circuit ruled in June that the tariffs could remain in effect while it reviewed the lower court's decision. The Federal Circuit said the litigation raised issues of "exceptional importance," warranting the court to take the rare step of having the 11-member court hear the appeal rather than have it go before a three-judge panel first.
Regardless of the Federal Circuit's ruling, the case is expected to reach the Supreme Court, according to the report.
"Trump will probably continue to lose in the lower courts, and we believe the Supreme Court is highly unlikely to rule in his favor," U.S. policy analysts from the financial company Piper Sandler wrote in a research note on Friday, CNBC reported.
Further, "If the Supreme Court rules against Trump, all of the trade deals Trump has reached in recent weeks — and those he will reach in the coming days — are illegal," the analysts wrote, according to the report.
The White House disagrees.
"The administration is legally and fairly using tariff powers that have been granted to the executive branch by the Constitution and Congress to level the playing field for American workers and safeguard our national security," White House spokesman Kush Desai told CNBC.
Oral arguments in two other lawsuits filed against Trump's use of IEEPA are set to begin in September, one on the 17th before the U.S. Court of Appeals for the 9th Circuit and another before the U.S. Court of Appeals for the D.C. Circuit on Sept. 30, CNBC reported.
Mark Swanson ✉
Mark Swanson, a Newsmax writer and editor, has nearly three decades of experience covering news, culture and politics.
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