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Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 11 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

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On June 10, 2025, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued <a href="https://storage.courtlistener.com/recap/gov.uscourts.cafc.23105/gov.uscourts.cafc.23105.51.0.pdf" target="_blank" rel="noreferrer noopener">a stay</a> keeping both tranches of President Donald Trump&rsquo;s tariffs implemented under the International Emergency Economic Powers Act of 1977 (IEEPA) (50 U.S.C. &sect; 1701 et seq.) in effect until final adjudication by the appellate court.&nbsp;The per curiam (i.e., unanimous) order extends the <a href="https://storage.courtlistener.com/recap/gov.uscourts.cafc.23106/gov.uscourts.cafc.23106.10.0.pdf" target="_blank" rel="noreferrer noopener">temporary stay</a> previously issued by the CAFC on May 29, 2025, after <a href="https://storage.courtlistener.com/recap/gov.uscourts.cit.17091/gov.uscourts.cit.17091.65.0.pdf" target="_blank" rel="noreferrer noopener">a decision</a> from the U.S. Court of International Trade (CIT) published the day before held that President Trump&rsquo;s invocation of the IEEPA was unconstitutional and vacated the two tranches.&nbsp;See <a href="https://www.thompsonhinesmartrade.com/2025/05/after-cit-blocks-president-trumps-ieepa-tariffs-cafc-stays-order-pending-review-of-the-cits-judgment-and-injunction/">Update of May 29, 2025</a>.&nbsp;President Trump had invoked the IEEPA to impose so-called &ldquo;reciprocal&rdquo; tariffs against nearly every country in the world (see <a href="https://www.thompsonhinesmartrade.com/2025/04/president-trump-pauses-country-specific-reciprocal-tariffs-for-90-days-but-increases-tariffs-on-china/">Update of April 10, 2025</a>), and specific tariffs against Canada and Mexico (see <a href="https://www.thompsonhinesmartrade.com/2025/03/the-united-states-delays-implementation-of-ieepa-tariffs-against-canada-and-mexico-for-usmca-qualifying-goods-until-april-2-2025/">Update of March 6, 2025</a>) and China (see <a href="https://www.thompsonhinesmartrade.com/2025/05/china-and-the-united-states-agree-to-temporarily-lower-tariff-rates/">Update of May 12, 2025</a>).
In granting the U.S. government&rsquo;s motion for the stay, the CAFC acknowledged that &ldquo;[b]oth sides have made substantial arguments on the merits,&rdquo; but &ldquo;[h]aving considered the traditional stay factors...the court concludes a stay is warranted under the circumstances.&rdquo;&nbsp;The U.S. government&rsquo;s motion follows its <a href="https://storage.courtlistener.com/recap/gov.uscourts.cit.17080/gov.uscourts.cit.17080.57.0.pdf" target="_blank" rel="noreferrer noopener">appeal</a> of the CIT decision, which sided with a consolidated group of plaintiffs consisting of 5 small businesses and 12 U.S. states.
<h2 class="wp-block-heading">Next Steps</h2>
The CAFC noted in the order that these issues were &ldquo;of exceptional importance warranting expedited en banc consideration of the merits in the first instance.&rdquo;&nbsp;As a result, all 12 CAFC judges will hear the case instead of the standard three-judge panel that presides over such appeals.
Oral argument is scheduled for July 31, 2025.&nbsp;A final decision from the CAFC is not expected until August at the earliest, just three weeks after the 90-day pause of President Trump&rsquo;s reciprocal tariffs is currently set to expire on July 9, 2025.

CAFC Maintains President Trump’s IEEPA Tariffs Pending Final Decision

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