A Court of Appeals issued a per curiam opinion ruling that IEEPA did not authorize the fentanyl-related and trade deficit tariffs. Three judges concurred in an opinion by Judge Tiffany Cunningham concluding that IEEPA does not permit the President to impose any tariffs. Three judges dissented, arguing that IEEPA provided sufficient authority for the tariffs at issue. The court remanded the case to the Court of International Trade to account for Supreme Court rulings limiting universal injunctions and to require class certification of importers eligible for relief. The court withheld the mandate through October 14, 2025 to permit petitions for certiorari and ordered the Court of International Trade to take no further action while the mandate is withheld.
Seven judges joined in a per curiam opinion basically ruling that IEEPA, the basis Trump used to impose the tariffs in question, did not authorize the fentanyl-related and trade deficit tariffs in question. Three of those judges - a Poppy Bush, an Obama, and a Biden appointee - joined in a concurring opinion written by another Biden appointee, Tiffany Cunningham, which held that IEEPA doesn't permit the President to impose any tariffs.
The Clerk is directed to withhold issuance of the mandate through October 14, 2025, during which the parties may file a petition for a writ of certiorari in the Supreme Court. If, within that period, any party notifies the Clerk in writing that it has filed a petition for a writ of certiorari, the Clerk is directed to withhold issuance of the mandate pending (1) the Supreme Court's denial of certiorari or (2) a judgment of the Supreme Court if certiorari is granted. While the issuance of the mandate is withheld, the United States Court of International Trade shall take no further action in this case.
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