#court-of-appeals

#court-of-appeals

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.

"If Xerox wanted its more limited construction, it should have written the claims as it did in the substitute claim," said the CAFC.