Jurisdiction(s):
United Kingdom

US District Court for the District of Columbia: IEEPA does not authorise Trump’s tariffs; injunction for two toymakers; US trade court’s nationwide block stayed by Federal Circuit

Published on: 30 May 2025

Published by a Law360 reporter

Legal News

Article summary

The IEEPA

The IEEPA, passed in 1977, gives the president authority to control importation, yet it does not confer a power to tax, as that was not Congress’s intent, the court declared in its opinion and order. Congress routinely sets boundaries when it expressly grants tariff powers, including in separate legislation just before the IEEPA was enacted, but this law contains no such limits, the court noted. As a result, Trump’s effort to use it to levy China, Canada and Mexico, and later most of the world, would have no bounds, the court said. The court added, ‘the power to regulate is not the power to tax’. It further stated, ‘the Constitution treats the power to regulate and the power to impose tariffs separately because they are not substitutes’. The toymakers (Learning Resources Inc and Hand2Mind Inc, both led by CEO Richard Woldenberg) won a preliminary injunction preventing the Trump administration from collecting IEEPA tariffs from them. The injunction is stayed for 14 days to allow for an appeal, according to the 29 May 2025 order. The court also said Trump is the first president to attempt to invoke the IEEPA to impose tariffs...

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