A newsletter by Reuters and Westlaw |
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The U.S. Supreme Court will hear arguments today over the legality of President Trump’s “Liberation Day” tariffs. Here’s what to know: |
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- It is a major case with implications for the global economy that tests the Republican president's executive power and the court's willingness to let him push the limits of his authority. Andrew Chung has more on the arguments here.
- The tariffs were imposed under a 1977 law called the International Emergency Economic Powers Act, or IEEPA. The law allows the president to regulate commerce in an emergency but does not specifically mention the word tariffs.
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Trump is the first president to invoke this statute to impose tariffs. Lower courts ruled that he overstepped his authority. Read the D.C. Circuit ruling here.
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If you read yesterday’s newsletter you already know that a D.C. Circuit judge’s dissent in that ruling could offer a roadmap for the Supreme Court to uphold the tariffs imposed under the IEEPA. Read more about that here if you missed it.
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Arguing against the tariffs are Milbank’s Neal Katyal, who will appear on behalf of five small businesses, as well as lawyers from Akin Gump, who will appear for a toy maker. Oregon Solicitor General Benjamin Gutman will make his debut before the court representing 12 states challenging the tariffs.
- U.S. Solicitor General D. John Sauer is expected to argue for the government in defense of the levies.
- While the court typically takes months to issue rulings after hearing arguments, the Trump administration has asked it to act swiftly in this case.
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The Supreme Court case covers only a portion of the tariffs Trump has imposed this year. His administration already is using other legal avenues for certain tariffs. Read more about that here.
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The 1st Circuit will hear the Trump administration’s appeal of a judge's order blocking it from carrying out steep cuts to NIH research funding that universities and Democratic-led states warn would lead to layoffs, lab closures and a curtailment of scientific and medical studies. Read the injunction.
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U.S. District Judge Sara Ellis in Chicago will weigh whether to enter a preliminary injunction governing how federal immigration officers can interact with protesters, journalists and clergy members after a group of them sued the Trump administration, claiming they were brutalized and targeted for violence during protests over the immigration crackdown in the city.
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A Mexican man who prosecutors say briefly evaded arrest during the Trump administration's immigration crackdown with the help of a Wisconsin judge is slated to be sentenced after pleading guilty to illegally entering the United States.
- Olivier Amar, the former chief growth officer of college financial aid startup Frank, is due to be sentenced for defrauding JPMorgan into buying the company for $175 million in July 2021.
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The Massachusetts Supreme Judicial Court will consider under what circumstances a court may order an increase in compensation for attorneys representing indigent criminal defendants as a way to address a shortage of such attorneys in the Boston area.
- The Delaware Supreme Court will consider the constitutionality of the state’s overhaul of its corporate law in response to concerns that the changes will cause companies to incorporate elsewhere.
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An Arizona state court will hold a hearing to determine whether to block state abortion restrictions including forcing patients to make two separate trips to a clinic, delaying access to care, and a ban on providing abortion pills via telemedicine. Read the complaint.
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Opening statements are expected to begin in the first civil trial related to the fatal March 2019 crash of an Ethiopian Airlines Boeing 737 MAX plane. The trial is before U.S. District Judge Jorge Alonso in Chicago.
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The Senate will vote to confirm Eric Tung, a Jones Day partner nominated by Trump to serve on the San Francisco-based 9th Circuit.
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The U.S. Judicial Conference's Advisory Committee on Evidence Rules will hold a virtual meeting where panel members are expected to discuss whether the federal judiciary should adopt a rule to help judges deal with claims that a piece of audio or video evidence is a "deep fake.". Find the agenda book here.
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Court calendars are subject to last-minute docket changes. |
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Jackson Walker is facing another lawsuit stemming from the secret romance of one of its now-former partners and former U.S. bankruptcy judge David Jones, this time from two technology company executives who said their valid employment and tort claims were thwarted by the secret relationship. Find out more.
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Moves: Cooley added Janet Kim and Sean Quinn to its tech regulatory and defense practice from Freshfields … Hogan Lovells hired Alberto de la Parra to its corporate and finance practice … Delaware Chancery Court litigator Tammy Mercer moved to Akerman from Young Conaway Stargatt & Taylor, where she was chair of the corporate litigation and counseling section … Barbara Russell joined Littler’s labor practice from Amazon, where she was global director of employee relations … Partners Robert Higdon Jr and John David Koesters joined Baker Donelson’s government enforcement and investigations group from K&L Gates … Fried Frank added John Oberdorf to its fund finance practice from Dentons where he was chair of the banking and finance group … Wilson Elser
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