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As the U.S. Supreme Court gears up to weigh the legality of President Trump’s sweeping tariffs, a possible pathway to victory has emerged for him in the writings of a judge on the losing side of an earlier ruling against the Republican president. Here’s what to know: |
- At issue is Trump’s use of the International Emergency Economic Powers Act and whether or not it is a lawful way to impose tariffs. It is the first time the scope of the IEEPA will be tested in this context.
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The Federal Circuit ruled 7-4 that Trump had exceeded his powers in using IEEPA. Read that decision here.
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A 67-page dissent written by Federal Circuit Judge Richard Taranto and joined by three other judges, argued Trump acted well within his emergency powers. Read the dissent here.
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The case has produced unusual judicial alliances, challenging assumptions about partisan divides in trade law. Taranto, an Obama appointee, also wrote that Trump's tariffs, imposed through executive action, did not run afoul of a legal doctrine embraced by conservatives that requires executive branch actions of "vast economic and political significance" to be clearly authorized by Congress.
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The DOJ has cited this dissent extensively in its filings to the Supreme Court and some see the dissent as a “roadmap” for how the Supreme Court could potentially uphold the tariffs.
- The outcome could affect trillions in customs duties and reshape presidential authority over trade, as challengers argue only Congress can impose such sweeping tariffs.
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The U.S. Supreme Court will hear oral arguments in two cases.
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Lawyers for Sam Bankman-Fried, the FTX cryptocurrency exchange founder serving a 25-year prison sentence for fraud, will urge the 2nd Circuit to throw out his conviction.
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Opening statements are scheduled in D.C. federal court in the trial of a former Justice Department employee who hurled a subway-style sandwich at a law enforcement agent.
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The 9th Circuit will hear arguments in a lawsuit challenging a California law that prevents educators from being required to disclose information related to students’ sexual orientation, gender identity or gender expression to their parents. The city of Huntington Beach and a group of parents are represented by conservative group America First Legal. Read the district court decision here.
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U.S. District Judge Christopher Cooper in D.C. will hold a motion hearing in a lawsuit brought by furloughed Department of Education employees who had their “out of office” messages replaced with language blaming “Democrat Senators” for the government shutdown without notice or their consent. Read the complaint here and the motion here.
- U.S. District Judge Robert Gettleman in Chicago will hold a hearing in an emergency class action claiming those detained at the Broadview ICE facility are being denied access to counsel and subject to inhuman conditions. Read the complaint.
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The Oregon Supreme Court will hear a case over whether a trial court has the authority to order a public defender provider to turn over detailed records related to its representation of indigent defendants. The case stems from a larger legal fight over how to provide legal representation to thousands of people in the state who lack access.
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Apple and Masimo will head back to California court for another trial in their long-running, contentious IP dispute over blood-oxygen monitoring technology, which previously led to a partial import ban on Apple Watches from a U.S. trade tribunal. Masimo argues that the Workout Mode and heart-rate notification features of Apple's smartwatches infringe a patent covering Masimo's medical monitoring technology.
- The Senate will vote on today to confirm Trump's nominee to the 1st Circuit, Maine litigator Josh Dunlap, who upon joining the bench would become the sole Republican appointee on the six-judge appeals court.
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Retired U.S. Supreme Court Justice Anthony Kennedy is scheduled to speak at the Reagan Library in Simi Valley, California.
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Court calendars are subject to last-minute docket changes. |
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- The ABA has altered a longstanding scholarship program aimed at boosting the number of diverse law students by eliminating requirements that applicants must come from “ethnic minority” or “underrepresented racial” groups. Find out more here.
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One-time New York Knicks All-Star Charles Oakley owes more than $642,000 in attorney fees and costs to Madison Square Garden for losing five years' worth of text messages that could have been used as evidence in his long-running legal dispute over his ejection from the audience at a 2017 Knicks game. Read more.
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Moves: Sebastian Fain joined Gibson Dunn as co-head of the firm’s cross-border M&A practice from Freshfields … Baker Botts added M&A partners Alex Msimang and Nadine Amr from Vinson & Elkins where Msimang was managing partner of the London office … Boies Schiller added two partners: Frederick Lee joins the media and entertainment practice from Walt Disney where he was global head of product legal and Robert Gordon joins the restructuring practice from Herrick Feinstein … Structured finance partner Thomas Picton moved to Paul Hastings from Ashurst … Chris Bennett joined Vinson & Elkins’ corporate practice from Weil … Dentons added capital markets partner Chrys Carey from Morrison Foerster … Corporate and M&A partner Viktor Sapezhnikov moved to DLA Piper from Wachtell … Latham added Max Klupchak to its M&A and private equity practice from The Sterling Group where he was general counsel … Cole Schotz
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