Case: State of Oregon v. Trump

1:25-cv-00077 | U.S. Court of International Trade

Filed Date: April 23, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenged President Trump’s unprecedented use of the International Emergency Economic Powers Act (IEEPA) to unilaterally impose tariffs on imports from Canada, Mexico, China, and 57 other countries, marking the first time in the statute's 50-year history that a President had invoked IEEPA for such a purpose. There were several such cases; this one (along with Learning Resources, Inc. v. Trump, 146 S. Ct. 628 (2026)) was the case in which the Supreme Court decided that the IEEPA invoc…

This case challenged President Trump’s unprecedented use of the International Emergency Economic Powers Act (IEEPA) to unilaterally impose tariffs on imports from Canada, Mexico, China, and 57 other countries, marking the first time in the statute's 50-year history that a President had invoked IEEPA for such a purpose. There were several such cases; this one (along with Learning Resources, Inc. v. Trump, 146 S. Ct. 628 (2026)) was the case in which the Supreme Court decided that the IEEPA invocation was unlawful.

Plaintiffs (twelve U.S. states who unified to form the original legal coalition to challenge the Trump administration's broad emergency tariffs) filed this lawsuit on April 23, 2025, in the U.S. Court of International Trade. The suit named as defendants President Trump, the Department of Homeland Security (DHS) and its Secretary, and U.S. Customs and Border Protection (CBP) and its Acting Commissioner. Plaintiffs stated that no president had ever before cited IEEPA—which was enacted in 1977—to impose tariffs. According to plaintiffs, the powers granted to the president by IEEPA could only be leveraged to respond to "an unusual or extraordinary threat," which did not exist when President Trump instituted the tariffs at issue in February 2025. Additionally, plaintiffs claimed that Article I of the Constitution gave Congress—not the president—the authority to "collect Taxes, Duties, Imposts, and Excises." Thus, plaintiffs alleged that Trump's tariffs violated separation of powers and the Administrative Procedure Act.

Plaintiffs sought to declare that Trump's tariff orders under IEEPA were ultra vires and contrary to law; to set aside CBP's guidance and orders related to the tariffs; to enjoin DHS, CBP, and any other government agencies from effectuating the tariff orders; and to award attorneys' fees. The case was assigned to a three-judge panel consisting of U.S. Court of International Trade Judges Gary S. Katzmann, Timothy M. Reif, and Jane A. Restani.

On May 28, 2025, the court granted summary judgment in favor of plaintiffs and against Trump's tariffs, holding that the tariffs overstepped the authority IEEPA delegated to the president and were not instituted in response to an actual threat, and therefore enjoining them. 772 F.Supp.3d 1350. The same day, defendants appealed to the U.S. Court of Appeals for the Federal Circuit and sought a stay of the injunction.

The Court of Appeals consolidated the government's appeal in this case and in another case, V.O.S. Selections, Inc. v. Trump, in which a similar challenge to Trump's tariffs was brought by a group of private businesses. 2025 WL 1527040. On June 10, 2025, the court of appeals issued a per curiam order staying the lower court's injunctions, so that they did not come into effect. The Court of Appeals found the cases "present[ed] issues of exceptional importance" and moved to hear the appeals en banc and on an expedited basis. 2025 WL 1649290.

On August 29, 2025, the Federal Circuit affirmed the Court of International Trade's decision, agreeing that "IEEPA's grant of presidential authority to 'regulate' imports did not authorize the tariffs imposed by the Executive Orders. 2026 WL 574755.

On September 3, 2025, defendants sought certiorari and moved to expedite consideration with the Supreme Court of the United States. The Supreme Court granted both the petition and motion on September 9, 2025, and consolidated the case with Learning Resources, Inc. v. Trump. Oral argument occurred November 5, 2025.

On February 20, 2026, in a 6-3 decision by Chief Justice Roberts, the Supreme Court held that IEEPA does not authorize the president to impose tariffs. 146 S. Ct. 628 (2026). Chief Justice Roberts (writing for the majority for Parts I, II-A-1, and II-B) applied the major questions doctrine, which requires clear congressional authorization for extraordinary powers, and found that IEEPA's text does not mention tariffs or duties. Id. In other circumstances where Congress had delegated tariff authority, it had done so explicitly with specific limitations. As such, the power to "regulate … importation" did not include the power to tax imports through tariffs. Id. at 636. Last, the Court considered that no president had previously invoked IEEPA to impose tariffs in the statute's 50-year history. Accordingly, the Court ruled that the Federal Circuit's judgment against the tariffs should be affirmed. Id. at 638. Chief Justice Roberts announced the judgment and opinion of the Court with respect to these points, except as to Parts II-A-2 and III.

Justice Gorsuch filed a concurring opinion, defending the major questions doctrine and tracing its historical foundations. Id. at 646–72. Justice Barrett also concurred in a separate opinion, contending that the major questions doctrine "situates text in context" and is therefore best understood as an ordinary application of textualism, rather than its own special canon. Id. at 672–74. Justice Kagan (joined by Justices Sotomayor and Jackson) concurred in part and concurred in the judgment, agreeing that IEEPA did not authorize tariffs but arguing that the ordinary tools of statutory interpretation were sufficient to come to the final judgment; as such, they did not join the part of the opinion invoking the major questions doctrine. Id. at 674–79.

Justice Kavanaugh (joined by Justices Thomas and Alito) dissented, arguing that the power to "regulate ... importation" includes the power to impose tariffs based on text, history, and precedent. Id. at 689–723. The dissent focused on the Nixon-era and Ford-era tariffs, in which the relevant statute did not include the specific language of tariffs but rather more broadly authorized the president to "regulate . . . importation" or to "adjust the imports." Id. at 690. See Federal Energy Administration v. Algonquin SNG, Inc., 426 U. S. 548 (1976). Justice Thomas wrote a separate dissent emphasizing that IEEPA was consistent with the separation of powers as a matter of originalism. Id. at 679.

The case was remanded; returning to the Court of International Trade, the case was first reassigned to Judge Richard K. Eaton, and then stayed until further notice (this same order was entered in several hundred other IEEPA tariff contests).

Days after this case was dismissed, President Trump sought to use a different statute—Section 122 of the Trade Act of 1974 (19 U.S.C. § 2132)—as grounds to enforce these tariffs. The same twelve states responded with a lawsuit seeking summary judgment and injunction. See The State of Oregon v. Trump (1:26-cv-01472).

Summary Authors

Simon Jillson (6/16/2026)

Matt Petrillo (6/11/2025)

Madeline Kaplan (9/15/2025)

Related Cases

V.O.S. Selections, Inc. v. Trump, U.S. Court of International Trade (2025)

Learning Resources, Inc. v. Trump, District of District of Columbia (2025)

Chapter1 LLC v. United States, U.S. Court of International Trade (2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69931546/parties/the-state-of-oregon-v-united-states-department-of-homeland-security/


Judge(s)
Attorney for Plaintiff

-, Michael W. (- United States (national) -)

-, Samantha Kinsella (- United States (national) -)

-, Paul Harold, (- United States (national) -)

Attorney for Defendant
Expert/Monitor/Master/Other

-, Weronika Bukowski, (- United States (national) -)

-, Hannah James, (- United States (national) -)

Attorney for Plaintiff

-, Michael W. (- United States (national) -)

-, Samantha Kinsella (- United States (national) -)

-, Paul Harold, (- United States (national) -)

-, James J. (- United States (national) -)

-, Ezra Louvis, (- United States (national) -)

-, Jeffrey Michael

-, Rabia Muqaddam,

-, Dustin Buehler,

-, Leigh Salmon,

-, Bridget Conlan,

-, Reilly Stephens,

-, Vanessa L. (- United States (national) -)

-, Ilya Somin, (- United States (national) -)

Attorney, Colleen Roh (- United States (national) -)

Bendor, Joshua David (District of Columbia)

Counsel, Amy Senier,

Farrell, Peter J. (District of Columbia)

General, Ester Murdukhayeva, (- United States (national) -)

General, Joshua Bendor,

General, Syreeta Tyrell,

General, Benjamin N.

General, Christopher Perdue,

General, Vivian Mikhail,

General, Ian Liston, (- United States (national) -)

General, Sarah Hunter

General, Ryan P.

General, Peter Farrell,

General, Michael Skold,

Helfrich, Gretchen Elizabeth (District of Columbia)

Hendrickson, Cara Ann (District of Columbia)

Joh, YoungWoo (District of Columbia)

Johnson, Steffen Nathanael (- United States (national) -)

Kane, Ryan P. (District of Columbia)

Katyal, Neal Kumar (- United States (national) -)

Ladov, Mark H. (District of Columbia)

Marshall, Brian Simmonds (District of Columbia)

Mikhail, Vivian A. (District of Columbia)

Muqaddam, Rabia C. (District of Columbia)

Senier, Amy (District of Columbia)

Skold, Michael Kenneth (District of Columbia)

Solicitor, Heidi Parry (- United States (national) -)

Stern, Heidi Parry (- United States (national) -)

Tyrell, Syreeta (District of Columbia)

Weiss, Sarah H. (District of Columbia)

Other

-, Weronika Bukowski, (- United States (national) -)

-, Hannah James, (- United States (national) -)

-, Elizabeth Goitein, (- United States (national) -)

-, Katherine Yon (- United States (national) -)

-, Timothy Sandefur, (- United States (national) -)

-, John Marc (- United States (national) -)

-, Yaman Salahi, (- United States (national) -)

-, Emmett Gilles, (- United States (national) -)

-, Tadhg Dooley, (- United States (national) -)

-, Kevin Ryan (- United States (national) -)

-, Mark A. (- United States (national) -)

-, Peter Evans (- United States (national) -)

-, Jennifer Anne (- United States (national) -)

-, Josephine Kendra (- United States (national) -)

-, Nathan Walker, (- United States (national) -)

-, Jed Rubenfeld, (- United States (national) -)

-, Daryl Joseffer, (- United States (national) -)

-, Thomas Arthur (- United States (national) -)

-, R. Will (- United States (national) -)

-, Donald Cameron, (- United States (national) -)

-, Gregory G. (- United States (national) -)

-, Debbie Berman, (- United States (national) -)

-, Alyssa Bernstein, (- United States (national) -)

-, Aaron Cooper, (- United States (national) -)

-, Holger Spamann, (- United States (national) -)

-, Jane Petersen (- United States (national) -)

Attorney, Edward John (- United States (national) -)

Attorney, Molly Nixon, (- United States (national) -)

Attorney, Thad McIntosh (- United States (national) -)

Attorney, Emily Kirk, (- United States (national) -)

Attorney, Daniel Epstein, (- United States (national) -)

Attorney, Oliver James (- United States (national) -)

Attorney, Celine G. (- United States (national) -)

Attorney, Ashley Levine, (- United States (national) -)

Attorney, Joshua Martin (- United States (national) -)

Attorney, Peter J. (- United States (national) -)

Attorney, Roman Martinez, (- United States (national) -)

Attorney, David Swetnam-Burland, (- United States (national) -)

Choe, Shiwon (District of Columbia)

Counsel, Rebecca Kutlow, (- United States (national) -)

Counsel, William Fred (- United States (national) -)

Counsel, Andrew Joseph (- United States (national) -)

Counsel, Stephen Allen (- United States (national) -)

Counsel, Leah Tulin, (- United States (national) -)

Director, Max Sarinsky, (- United States (national) -)

Fogg, Steven W. (District of Columbia)

Goodson, Donald L.R. (- United States (national) -)

Joy, Kathryn (District of Columbia)

Kirk, Emily (District of Columbia)

Kutlow, Rebecca (District of Columbia)

McCotter, R. Trent (District of Columbia)

McGee, Kelly (- United States (national) -)

Morrison, Alan Butler (- United States (national) -)

Norton, William Fred (District of Columbia)

Partner, John Bowers (- United States (national) -)

Petrick, Josephine Kendra (District of Columbia)

Purcell, Celine Georges (District of Columbia)

Revesz, Richard (- United States (national) -)

Seligman, Matthew A. (- United States (national) -)

Unikowsky, Adam G. (- United States (national) -)

Walker, Nathan Loy (District of Columbia)

Documents in the Clearinghouse

Documents in this case
2

1:25-cv-00077

Complaint

The State of Oregon v. Trump

April 23, 2025

April 23, 2025

Complaint
65

1:25-cv-00077

Opinion

V.O.S. Selections, Inc. v. United States

May 28, 2025

May 28, 2025

Order/Opinion

772 F.Supp.3d 1350

66

1:25-cv-00077

Judgment

V.O.S Selections, INC. v. United States of America

May 28, 2025

May 28, 2025

Order/Opinion

772 F.Supp.3d 1350

7

25-01812

Order

V.O.S. Selections v. Trump

May 29, 2025

May 29, 2025

Order/Opinion

2025 WL 1527040

7

25-01812

Order

V.O.S. Selections v. Trump

May 29, 2025

May 29, 2025

Order/Opinion

2025 WL 1527040

51

25-01812

Order

V.O.S. Selections, Inc. v. Trump

June 10, 2025

June 10, 2025

Order/Opinion

2025 WL 1649290

160

25-01812

Judgment

V.O.S. Selections v. Trump

U.S. Court of Appeals for the Federal Circuit

Aug. 29, 2025

Aug. 29, 2025

Order/Opinion
168-1

25-01812

Letter

Donald J. Trump, President of the United States, et al. v. V.O.S. Selections, Inc., et al.

Supreme Court of the United States

Feb. 20, 2026

Feb. 20, 2026

Other

149 F.4th 1312

175

25-01812

Supreme Court Judgment

V.O.S. Selections, Inc. v. Trump

Supreme Court of the United States

March 24, 2026

March 24, 2026

Order/Opinion

Resources

Resources related to this case
Title Description External URL Date / External URL

EO 14266 - Modifying Reciprocal Tariff Rates To Reflect Trading Partner Retaliation and Alignment

President Donald Trump

Pausing the elevated tariffs imposed in EO 14257 for must countries, not including China, for 90 days, but leaving the global 10% tariff in place for all countries; Raising tariffs of Chinese imports… April 9, 2025

April 9, 2025

https://www.federalregister.gov/...

EO 14259 - Amendment to Reciprocal Tariffs and Updated Duties as Applied to Low-Value Imports From the People's Republic of China

President Donald Trump

Raising tariffs on Chinese goods to 84%. April 8, 2025

April 8, 2025

https://www.federalregister.gov/...

EO 14257 - Regulating Imports With a Reciprocal Tariff to Rectify Trade Practices That Contribute to Large and Persistent Annual United States Goods Trade Deficits

President Donald Trump

Declaring national emergency with respect to a lack of reciprocity in bilateral trade relationships and disparate tariff rates and non-tariff barriers; Invoking the authority of the International Eme… April 2, 2025

April 2, 2025

https://www.federalregister.gov/...

EO 14256 - Further Amendment to Duties Addressing the Synthetic Opioid Supply Chain in the People's Republic of China as Applied to Low-Value Imports

President Donald Trump

Eliminating the duty-free de minimis treatment of certain imports from China. April 2, 2025

April 2, 2025

https://www.federalregister.gov/...

EO 14231 - Amendment to Duties to Address the Flow of Illicit Drugs Across Our Northern Border

President Donald Trump

Clarify that goods with tariff rates specified in the Harmonized Tariff Schedule of the United States will not be subject to an additional 25% or 10% tariff rate as laid out in Executive Order 14193. March 6, 2025

March 6, 2025

https://www.federalregister.gov/...

EO 14232 - Amendment to Duties To Address the Flow of Illicit Drugs Across Our Southern Border

President Donald Trump

Amending the 25% tariffs against Mexico, which went into effect on March 4, 2025, to exempt goods covered by the US-Mexico-Canada Agreement from the tariffs, which accounted for approximately half of… March 6, 2025

March 6, 2025

https://www.federalregister.gov/...

EO 14228 - Further Amendment to Duties Addressing the Synthetic Opioid Supply Chain in the People's Republic of China

President Donald Trump

Declaring that China did not take steps to alleviate the illicit drug crisis, and, under the International Emergency Economic Powers Act, increasing the tariff rate on Chinese goods for consumption t… March 3, 2025

March 3, 2025

https://www.federalregister.gov/...

EO 14197 - Progress on the Situation at Our Northern Border

President Donald Trump

Pausing the imposition a 25% tariff on Canadian goods for consumption and a 10% tariff on Canadian energy and energy sources, under the International Emergency Economic Powers Act, until March 4, 202… Feb. 3, 2025

Feb. 3, 2025

https://www.federalregister.gov/...

EO 14198 - Progress on the Situation at Our Southern Border

President Donald Trump

Pausing the 25% tariff imposed on Mexico in EO 14194 until March 4, 2025 Feb. 3, 2025

Feb. 3, 2025

https://www.federalregister.gov/...

EO 14193 - Imposing Duties to Address the Flow of Illicit Drugs Across Our Northern Border

President Donald Trump

Declaring a national emergency on the US-Canada border, and, under the International Emergency Economic Powers Act, imposing a 25% tariff on Canadian goods for consumption and a 10% tariff on Canadia… Feb. 1, 2025

Feb. 1, 2025

https://www.federalregister.gov/...

EO 14195 - Imposing Duties To Address the Synthetic Opioid Supply Chain in the People's Republic of China

President Donald Trump

Declaring a national emergency relating to China-based chemical companies that contributed to the opioid crisis in the United States, and, under the International Emergency Economic Powers Act, impos… Feb. 1, 2025

Feb. 1, 2025

https://www.federalregister.gov/...

EO 14194 - Imposing Duties To Address the Situation at Our Southern Border

President Donald Trump

Declaring a national emergency on the US-Mexico border, and, under the International Emergency Economic Powers Act and the National Emergencies Act, imposing a 25% tariff on Mexican goods for consump… Feb. 1, 2025

Feb. 1, 2025

https://www.federalregister.gov/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69931546/the-state-of-oregon-v-united-states-department-of-homeland-security/

Last updated Sept. 3, 2026, 4:14 a.m.

Docket for: The State of Oregon v. United States Department of Homeland Security
ECF Number Date Description Link
1 April 23, 2025

Summons . Filed by Brian Simmonds Marshall of Oregon Department of Justice on behalf of The State of Oregon. (Marshall, Brian) (Entered: 04/23/2025)

RECAP
2 April 23, 2025

Complaint against All Defendants. Answer due by 6/23/2025. Filed by Brian Simmonds Marshall of Oregon Department of Justice on behalf of All Plaintiffs.(Marshall, Brian) (Entered: 04/23/2025)

Clearinghouse
3 April 23, 2025

Form 5 Information Statement . Filed by Brian Simmonds Marshall of Oregon Department of Justice on behalf of All Plaintiffs. (Marshall, Brian) (Entered: 04/23/2025)

RECAP
4 April 23, 2025

Form 13 Corporate Disclosure Statement . Filed by Brian Simmonds Marshall of Oregon Department of Justice on behalf of All Plaintiffs. (Marshall, Brian) (Entered: 04/23/2025)

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5 April 23, 2025

Form 11 Notice of Appearance . Filed by Sosun Bae of U.S. Department of Justice on behalf of All Defendants.(Bae, Sosun) (Entered: 04/23/2025)

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6 April 24, 2025

Order entered on 4/24/2025 assigning action to Judges Gary S. Katzmann, Timothy M. Reif and Jane A. Restani. (Swindell, Stephen) (Entered: 04/24/2025)

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7 April 25, 2025

Form 11 Notice of Appearance . Filed by YoungWoo Joh of Oregon Department of Justice on behalf of The State of Oregon.(Joh, YoungWoo) (Entered: 04/25/2025)

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8 April 25, 2025

Form 11 Notice of Appearance . Filed by Sarah H. Weiss of Colorado Department of Law on behalf of The State of Colorado.(Weiss, Sarah) (Entered: 04/25/2025)

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9 April 29, 2025

Form 11 Notice of Appearance . Filed by Rabia C. Muqaddam of New York Office of the Attorney General on behalf of The State of New York.(Muqaddam, Rabia) (Entered: 04/29/2025)

RECAP
10 April 29, 2025

Paperless Order entered on 4/29/2025: By close of business on May 8, 2025, Plaintiffs may file a brief of no more than 10,000 words setting forth Plaintiffs' position on the Motion for Summary Judgment currently pending in V.O.S. Selections, Inc. v. Trump, No. 25-00066 (USCIT filed Apr. 18, 2025, ECF No. 10). This deadline does not preclude Plaintiffs' filing of their own dispositive or non-dispositive motion at a later date. Plaintiffs' non-filing of a brief by May 8, 2025, will not be construed as a waiver or forfeiture of any claim or argument. Defendants are directed to file a response to the aforementioned brief, of no more than 7,000 words, no later than close of business on May 12, 2025. SO ORDERED by the panel. (Goell, Geoffrey) (Entered: 04/29/2025)

RECAP
11 April 30, 2025

Form 11 Notice of Appearance . Filed by Michael Kenneth Skold of State of Connecticut Office of the Attorney General on behalf of The State of Connecticut.(Skold, Michael) (Entered: 04/30/2025)

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12 May 1, 2025

Form 11 Notice of Appearance . Filed by Gretchen Elizabeth Helfrich of Office of the Illinois Attorney General on behalf of The State of Illinois.(Helfrich, Gretchen) (Entered: 05/01/2025)

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13 May 1, 2025

Form 11 Notice of Appearance . Filed by Vivian A. Mikhail of Office of the Maine Attorney General on behalf of The State of Maine.(Mikhail, Vivian) (Entered: 05/01/2025)

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14 May 7, 2025

Application/Motion for preliminary injunction . Responses due by 5/28/2025. Filed by Brian Simmonds Marshall of Oregon Department of Justice on behalf of All Plaintiffs. (Attachments: # 1 Appendix Index of Attachments, # 2 Declaration of James R. Hines Jr., # 3 Declaration of Brian Simmonds Marshall, # 4 Declaration of Hanna Emerson, # 5 Declaration of Elizabeth Hayes, # 6 Declaration of Robert Jaros, # 7 Declaration of Jenifer Johnson, # 8 Declaration of Jeanette Moy, # 9 Declaration of Amy Ramsdell, # 10 Declaration of Joshua Root, # 11 Declaration of Gregory Shabram, # 12 Declaration of Todd Strole, # 13 Declaration of Kristine Ward, # 14 Declaration of Jake Zelenka)(Marshall, Brian) (Entered: 05/07/2025)

1 Appendix Index of Attachments

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2 Declaration of James R. Hines Jr.

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3 Declaration of Brian Simmonds Marshall

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4 Declaration of Hanna Emerson

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5 Declaration of Elizabeth Hayes

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6 Declaration of Robert Jaros

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7 Declaration of Jenifer Johnson

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8 Declaration of Jeanette Moy

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9 Declaration of Amy Ramsdell

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10 Declaration of Joshua Root

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11 Declaration of Gregory Shabram

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12 Declaration of Todd Strole

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13 Declaration of Kristine Ward

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14 Declaration of Jake Zelenka

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RECAP
15 May 7, 2025

Brief on V.O.S, Selections' Motion for Summary Judgment (related document(s) 10 ). Filed by Brian Simmonds Marshall of Oregon Department of Justice on behalf of All Plaintiffs. (Marshall, Brian) (Entered: 05/07/2025)

RECAP
16 May 8, 2025

Form 11 Notice of Appearance . Filed by Ryan P. Kane of Vermont Attorney General's Office on behalf of The State of Vermont.(Kane, Ryan) (Entered: 05/08/2025)

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17 May 8, 2025

Form 11 Notice of Appearance . Filed by Amy Senier of New Mexico Department of Justice on behalf of The State of New Mexico.(Senier, Amy) (Entered: 05/08/2025)

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18 May 8, 2025

Order entered on 5/8/2025: The court will construe Plaintiffs Motion for Preliminary Injunction, May 7, 2025, ECF No. 14, as a Motion for Summary Judgment. See USCIT R. 56(f). Plaintiffs are therefore directed to file, no later than close of business on May 13, 2025, a supplemental brief of not more than 10,000 words that presents all arguments relevant to establishing Plaintiffs entitlement to judgment as a matter of law. Defendants will file a response of not more than 14,000 words to Plaintiffs Motion and supplemental brief no later than close of business on May 16, 2025. Plaintiffs will file a reply of not more than 7,000 words in further support of their Motion no later than 12:00 p.m. on May 20, 2025. A hearing will take place on May 21, 2025, at 2:00 p.m. EDT in Courtroom 1 in the James L. Watson Courthouse. (SO ORDERED by the panel).(Warner, Scott) (Entered: 05/08/2025)

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19 May 9, 2025

Form 11 Notice of Appearance . Filed by Mark H. Ladov of New York Office of the Attorney General on behalf of The State of New York.(Ladov, Mark) (Entered: 05/09/2025)

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20 May 12, 2025

Form 11 Notice of Appearance . Filed by Cara Ann Hendrickson of Office of the Illinois Attorney General on behalf of The State of Illinois.(Hendrickson, Cara) (Entered: 05/12/2025)

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21 May 12, 2025

Form 11 Notice of Appearance . Filed by William Fred Norton of The Norton Law Firm PC on behalf of 148 Members of the United States Congress.(Norton, William) (Entered: 05/12/2025)

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22 May 12, 2025

Form 11 Notice of Appearance . Filed by Nathan Loy Walker of The Norton Law Firm PC on behalf of 148 Members of the United States Congress.(Walker, Nathan) (Entered: 05/12/2025)

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23 May 12, 2025

Form 11 Notice of Appearance . Filed by Josephine Kendra Petrick of The Norton Law Firm PC on behalf of 148 Members of the United States Congress.(Petrick, Josephine) (Entered: 05/12/2025)

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24 May 12, 2025

Form 11 Notice of Appearance . Filed by Celine Georges Purcell of The Norton Law Firm PC on behalf of 148 Members of the United States Congress.(Purcell, Celine) (Entered: 05/12/2025)

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25 May 12, 2025

Form 11 Notice of Appearance . Filed by Emily Kirk of The Norton Law Firm PC on behalf of 148 Members of the United States Congress.(Kirk, Emily) (Entered: 05/12/2025)

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26 May 12, 2025

Form 11 Notice of Appearance . Filed by Rebecca Kutlow of The Norton Law Firm PC on behalf of 148 Members of the United States Congress.(Kutlow, Rebecca) (Entered: 05/12/2025)

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27 May 12, 2025

Brief Responding to Plaintiffs' Views on V.O.S. Summary Judgment (related document(s) 15 ). Filed by Sosun Bae of U.S. Department of Justice on behalf of All Defendants. (Bae, Sosun) (Entered: 05/12/2025)

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28 May 12, 2025

Motion for leave to FILE AMICUS CURIAE BREIF IN SUPPORT OF PLAINTIFFS. Responses due by 6/2/2025. Filed by William Fred Norton of The Norton Law Firm PC on behalf of 148 Members of the United States Congress. (Attachments: # 1 Exhibit Ex. A, # 2 Exhibit Ex. B)(Norton, William) (Entered: 05/12/2025)

1 Exhibit A

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2 Exhibit B

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29 May 12, 2025

Form 13 Corporate Disclosure Statement . Filed by William Fred Norton of The Norton Law Firm PC on behalf of 148 Members of the United States Congress. (Norton, William) (Entered: 05/12/2025)

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30 May 13, 2025

Notice of Form 11 Notice of Appearance Appearance. Filed by Peter J. Farrell of Office of the Minnesota Attorney General on behalf of The State of Minnesota.(Farrell, Peter) (Entered: 05/13/2025)

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31 May 13, 2025

Form 11 Notice of Appearance for Eric Hamilton. Filed by Sosun Bae of U.S. Department of Justice on behalf of All Defendants.(Bae, Sosun) (Entered: 05/13/2025)

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32 May 13, 2025

Supplemental Response to Motion for Summary Judgment (related document(s) 14 ). Filed by Brian Simmonds Marshall of Oregon Department of Justice on behalf of All Plaintiffs. (Attachments: # 1 Appendix Plaintiffs' Statement of Undisputed Material Facts, # 2 Declaration Second Declaration of Brian Simmonds Marshall)(Marshall, Brian) (Entered: 05/13/2025)

1 Appendix Plaintiffs' Statement of Undisputed Material Facts

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2 Declaration Second Declaration of Brian Simmonds Marshall

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33 May 13, 2025

Motion to appear as amicus curiae . Responses due by 6/3/2025. Filed by The State of California, Gavin Newsom The State of California, Gavin Newsom. (Attachments: # 1 Proposed Amici Curiae Brief, # 2 Proposed Order)(Choe, Shiwon) (Entered: 05/13/2025)

1 Proposed Amici Curiae Brief

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2 Proposed Order

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34 May 13, 2025

Form 11 Notice of Appearance . Filed by Gavin Newsom, The State of California of California Attorney General's Office Gavin Newsom, The State of California.(Choe, Shiwon) (Entered: 05/13/2025)

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35 May 13, 2025

Form 13 Corporate Disclosure Statement . Filed by Gavin Newsom, The State of California Gavin Newsom, The State of California. (Choe, Shiwon) (Entered: 05/13/2025)

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36 May 15, 2025

Information concerning public access to the audio livestream for the hearing scheduled for May 21st, 2025 at 2:00 p.m. EDT is available on the Court's website at: https://www.cit.uscourts.gov/upcoming-court-proceedings-accessible-teleconference-or-audio-livestream. (Warner, Scott) (Entered: 05/15/2025)

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37 May 15, 2025

Paperless Order entered on 5/15/2025: Upon consideration of the motion by the State of California and Governor Gavin Newsom for Leave to File an Amici Curiae Brief, May 13, 2025, ECF No. 33, it is hereby ORDERED by the panel that the motion is granted; and it is further ORDERED that the proposed brief is accepted for filing. SO ORDERED by the panel (Related Doc # 33 ). (Goell, Geoffrey) (Entered: 05/15/2025)

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38 May 15, 2025

Amici Curiae Brief of the State of California and Governor Gavin Newsom deemed filed (related document(s) 33 ). Filed by Shiwon Choe of the California Attorney General's Office on behalf of The State of California and Governor Gavin Newsom. (Goell, Geoffrey) (Entered: 05/15/2025)

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39 May 16, 2025

Paperless Order entered on 5/16/2025: Upon consideration of the motion by 148 Members of the United States Congress for Leave to File an Amici Curiae Brief, May 12, 2025, ECF No. 28, it is hereby ORDERED by the panel that the motion is granted; and it is further ORDERED that the proposed brief is accepted for filing. SO ORDERED by the panel (Related Doc # 28 ). (Goell, Geoffrey) (Entered: 05/16/2025)

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40 May 16, 2025

Amici Curiae Brief of 148 Members of Congress deemed filed (related document(s) 28 ). Filed by William Fred Norton of The Norton Law Firm PC on behalf of 148 Members of the United States Congress. (Goell, Geoffrey) (Entered: 05/16/2025)

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41 May 16, 2025

Response in Opposition to Motion for Summary Judgment and Preliminary Injunction (related document(s) 14 ). Replies due by 6/6/2025. Filed by Sosun Bae of U.S. Department of Justice on behalf of All Defendants.(Bae, Sosun) (Entered: 05/16/2025)

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42 May 17, 2025

Order entered on 5/17/2025 Paperless Order: Defendants are directed to re-file their Response in Opposition to Plaintiffs Motion for Preliminary Injunction and Summary Judgment, May 16, 2025, ECF No. 41, in a form that complies with USCIT Rule 56.3(b), no later than close of business on May 19, 2025. (By the panel).(Swindell, Stephen) (Entered: 05/17/2025)

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43 May 19, 2025

Unopposed Motion to appear as amicus curiae . Responses due by 6/9/2025. Filed by R. Trent McCotter of Boyden Gray PLLC on behalf of America First Legal Foundation. (Attachments: # 1 Exhibit Proposed Amicus Brief, # 2 Proposed Order)(McCotter, R. Trent) (Entered: 05/19/2025)

1 Exhibit Proposed Amicus Brief

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2 Proposed Order

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44 May 19, 2025

Form 11 Notice of Appearance . Filed by R. Trent McCotter of Boyden Gray PLLC on behalf of America First Legal Foundation.(McCotter, R. Trent) (Entered: 05/19/2025)

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45 May 19, 2025

Form 13 Corporate Disclosure Statement . Filed by R. Trent McCotter of Boyden Gray PLLC on behalf of America First Legal Foundation. (McCotter, R. Trent) (Entered: 05/19/2025)

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46 May 19, 2025

Amended Response in Opposition to Motion for Summary Judgment and Preliminary Injunction (related document(s) 14 ). Replies due by 6/9/2025. Filed by Sosun Bae of U.S. Department of Justice on behalf of All Defendants.(Bae, Sosun) (Entered: 05/19/2025)

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47 May 20, 2025

Reply in Support of Summary Judgment to Motion (related document(s) 14 ). Replies due by 6/10/2025. Filed by Brian Simmonds Marshall of Oregon Department of Justice on behalf of The State of Vermont, The State of New York, The State of New Mexico, The State of Nevada, The State of Minnesota, The State of Maine, The State of Illinois, The State of Delaware, The State of Connecticut, The State of Colorado, The State of Arizona, The State of Oregon. (Attachments: # 1 Second Declaration of Professor James R. Hines, Jr.) (Marshall, Brian) (Entered: 05/20/2025)

1 Declaration Second Declaration of Professor James R. Hines, Jr.

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48 May 20, 2025

Form 11 Notice of Appearance for Patricia McCarthy and Justin Miller. Filed by Sosun Bae of U.S. Department of Justice on behalf of All Defendants.(Bae, Sosun) (Entered: 05/20/2025)

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49 May 20, 2025

Motion for leave to File Amicus Brief. Responses due by 6/10/2025. Filed by Steven W. Fogg of Corr Cronin LLP on behalf of Bob Ferguson. (Attachments: # 1 Proposed Order, # 2 Brief Washington State Amici Brief)(Fogg, Steven) (Entered: 05/20/2025)

1 Proposed Order

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2 Brief Washington State Amici Brief

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50 May 20, 2025

Paperless Order entered on 5/20/2025 granting Motion to appear as amicus curiae. Upon consideration of the motion by America First Legal Foundation for Leave to File an Amicus Brief, May 19, 2025, ECF No. 43, it is hereby ORDERED by the panel that the motion is granted; and it is further ORDERED that the proposed brief is accepted for filing. (By the panel). (Related Doc # 43 ). (Goell, Geoffrey) (Entered: 05/20/2025)

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51 May 20, 2025

Amici Curiae Brief on behalf of America First Legal Foundation deemed filed (related document(s) 50 ). (Goell, Geoffrey) (Entered: 05/20/2025)

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52 May 20, 2025

Paperless Order entered on 5/20/2025 granting Motion for leave to file Amicus Brief. Upon consideration of the motion by Washington State Amici Curiae for Leave to File an Amicus Brief, May 20, 2025, ECF No. 49, it is hereby ORDERED by the panel that the motion is granted; and it is further ORDERED that the proposed brief is accepted for filing. (By the panel) (Related Doc # 49 ). (Goell, Geoffrey) (Entered: 05/20/2025)

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53 May 20, 2025

Amici Curiae Brief on behalf the State of Washington deemed filed (related document(s) 52 ). (Goell, Geoffrey) (Entered: 05/20/2025)

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54 May 20, 2025

Form 11 Notice of Appearance of Kathryn C.M. Joy. Filed by Kathryn Joy of Corr Cronin LLP on behalf of Bob Ferguson.(Joy, Kathryn) (Entered: 05/20/2025)

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55 May 20, 2025

Form 11 Notice of Appearance of Steven W. Fogg. Filed by Steven W. Fogg of Corr Cronin LLP on behalf of Bob Ferguson.(Fogg, Steven) (Entered: 05/20/2025)

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56 May 20, 2025

Form 13 Corporate Disclosure Statement on behalf of The Washington State Amici. Filed by Steven W. Fogg of Corr Cronin LLP on behalf of Bob Ferguson. (Fogg, Steven) (Entered: 05/20/2025)

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57 May 20, 2025

Form 11 Notice of Appearance for Brett Shumate. Filed by Sosun Bae of U.S. Department of Justice on behalf of All Defendants.(Bae, Sosun) (Entered: 05/20/2025)

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58 May 20, 2025

Notice of Supplemental Authority filed. . Filed by Sosun Bae of U.S. Department of Justice on behalf of All Defendants.(Bae, Sosun) (Entered: 05/20/2025)

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59 May 21, 2025

Hearing held on May 21, 2025 at 2:00 p.m. in CIT Courtroom 1. . (Goell, Geoffrey) (Entered: 05/21/2025)

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60 May 22, 2025

Form 11 Notice of Appearance . Filed by Syreeta Tyrell of Arizona Attorney General's Office on behalf of The State of Arizona.(Tyrell, Syreeta) (Entered: 05/22/2025)

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61 May 22, 2025

Form 11 Notice of Appearance . Filed by Joshua David Rothenber Bendor of Arizona Attorney General's Office on behalf of The State of Arizona.(Bendor, Joshua) (Entered: 05/22/2025)

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62 May 23, 2025

Consent Motion for errata to correct Amici Curiae Brief document number# 53 filed with the Court electronically on 05/20/2025 (related document(s) 53 ). Responses due by 6/13/2025. Filed by Steven W. Fogg of Corr Cronin LLP on behalf of Bob Ferguson. (Attachments: # 1 Proposed Order, # 2 Brief Redline Amicus Brief, # 3 Brief Amicus Brief (Clean))(Fogg, Steven) (Entered: 05/23/2025)

1 Proposed Order

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2 Brief Redline Amicus Brief

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3 Brief Amicus Brief (Clean)

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63 May 23, 2025

Notice of Exhibits (related document(s) 41, 46 ). Filed by Claudia Burke of U.S. Department of Justice on behalf of All Defendants. (Burke, Claudia) (Entered: 05/23/2025)

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64 May 27, 2025

Transcript of Oral argument held on 5/21/2025 filed with court. Pursuant to Administrative Order 08-01 re: the redaction of personal data identifiers. Notice of Intent to Redact Deadline due 6/3/2025. Redaction Request due 6/17/2025. Redacted Transcript Deadline set for 6/27/2025. Release of Transcript Restriction set for 8/25/2025. (Cheevers, Casey) (Entered: 05/27/2025)

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65 May 28, 2025

Order entered on 5/28/2025, Slip-Op. 25-66: The court grants Plaintiffs' Motions for Summary Judgment and denies Plaintiffs' Motions for Preliminary Injunction as moot. By the panel. (related document(s) 10, 15, 64, 18, 47, 41, 32, 14 ) (Attachments: # 1 Cited Web Page(s)) (Chien, Jason) (Entered: 05/28/2025)

1 Cited Web Page(s)

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Clearinghouse
66 May 28, 2025

Judgment to Slip-Op. 25-66 entered on 5/28/2025: In accordance with the court's opinion of this date, it is hereby ORDERED that Executive Order 14193, Imposing Duties To Address the Flow of Illicit Drugs Across Our Northern Border, 90 Fed. Reg. 9113 (Feb. 1, 2025); Executive Order 14194, Imposing Duties To Address the Situation at Our Southern Border, 90 Fed. Reg. 9117 (Feb. 1, 2025); Executive Order 14195, Imposing Duties To Address the Synthetic Opioid Supply Chain in the People's Republic of China, 90 Fed. Reg. 9121 (Feb. 1, 2025); Executive Order 14257, Regulating Imports with a Reciprocal Tariff to Rectify Trade Practices that Contribute to Large and Persistent Annual United States Goods Trade Deficits, 90 Fed. Reg. 15041 (Apr. 2, 2025) (collectively, the "Challenged Tariff Orders"); and all modifications and amendments thereto; be, and hereby are, declared to be invalid as contrary to law; it is further ORDERED that the operation of the Challenged Tariff Orders and all modifications and amendments thereto be, and hereby is, permanently enjoined; it is further ORDERED that within 10 calendar days necessary administrative orders to effectuate the permanent injunction shall issue; and it is further ORDERED that each party shall bear its own costs. By the panel. (related document(s) 65 ) (Chien, Jason) (Entered: 05/28/2025)

Clearinghouse
67 May 28, 2025

Notice of Appeal of judgment of 05/28/2025 filed. (related document(s) 65, 66 ). Filed by Claudia Burke of U.S. Department of Justice on behalf of All Defendants.(Burke, Claudia) (Entered: 05/28/2025)

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68 May 28, 2025

Appeal of Slip-Op. 25-66 docketed on 5/28/2025 by the CAFC as appeal no. 2025-1813 (related document(s) 67 ). (Chien, Jason) (Entered: 05/28/2025)

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69 May 28, 2025

Motion to stay enforcement of judgment pending appeal. Responses due by 6/18/2025. Filed by Sosun Bae of U.S. Department of Justice on behalf of All Defendants.(Bae, Sosun) (Entered: 05/28/2025)

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70 May 29, 2025

Paperless Order entered on 5/29/2025: ORDERED that by 12 pm ET on May 30, 2025, Plaintiffs shall file a brief of no more than 5,000 words responding to the Government's Motion to Stay Enforcement of Judgment Pending Appeal, May 28, 2025, ECF No. 69. (Goell, Geoffrey) (Entered: 05/29/2025)

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71 May 29, 2025

Order entered on 5/29/2025 Paperless Order - ORDERED that the court's Order of May 29, 2025, ECF No. 70, is hereby amended; and it is further ORDERED that by 5 pm ET on June 2, 2025, Plaintiffs shall file a brief of no more than 5,000 words responding to the Governments Motion to Stay Enforcement of Judgment Pending Appeal, May 28, 2025, ECF No. 69.(Swindell, Stephen) (Entered: 05/29/2025)

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72 June 2, 2025

Response to Motion for a Stay of Enforcement of Judgment Pending Appeal (related document(s) 69 ). Filed by Brian Simmonds Marshall of Oregon Department of Justice on behalf of All Plaintiffs. (Attachments: # 1 Declaration of Brian Simmonds Marshall)(Marshall, Brian) (Entered: 06/02/2025)

1 Declaration of Brian Simmonds Marshall

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73 June 3, 2025

Order entered on 6/3/2025: ORDERED that the USCIT Motions to Stay are HELD IN ABEYANCE pending the Federal Circuit's consideration of the Government's motion to stay this court's judgment pending appeal. (Goell, Geoffrey) (Entered: 06/03/2025)

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74 June 3, 2025

Form 23 Certification of Filing and Service of Physical Exhibit or Item (flash drive containing media files referenced in the Third Marshall Declaration, ECF Doc. No. 72-1). Filed by Mark H. Ladov of NYS Office of The Attorney General on behalf of The State of New York. (Ladov, Mark) (Entered: 06/03/2025)

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75 June 4, 2025

Paperless Order entered on 6/4/2025: The Washington State Amici's consent motion for errata is GRANTED. It is hereby ORDERED that the corrections are deemed made by physical substitution of the corrected version of the Joint Brief of Washington State Amici Curiae in Support of Plaintiffs' Motion forPreliminary Injunction and Summary Judgment. (Goell, Geoffrey) (Entered: 06/04/2025)

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76 June 4, 2025

Amended Amici Curiae Brief on behalf the State of Washington deemed filed (related document(s) 75 ). Filed by Steven W. Fogg of Corr Cronin LLP on behalf of Bob Ferguson. (Goell, Geoffrey) (Entered: 06/04/2025)

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77 June 11, 2025

Order from CAFC The motions for a stay pending appeal are granted. See Order. (Goell, Geoffrey) (Entered: 06/11/2025)

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78 June 16, 2025

Paperless Order entered on 6/16/2025: Upon the Federal Circuit's Order granting a stay of the rulings enjoining certain Executive Orders imposing tariffs, June 11, 2025, ECF No. 77, it is hereby ORDERED that Defendants' Motion to Stay Enforcement of Judgment Pending Appeal, May 28, 2025, ECF No. 69, is DENIED as moot. (Goell, Geoffrey) (Entered: 06/16/2025)

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79 June 18, 2025

Form 11 Notice of Appearance for Heidi Parry Stern. Filed by Heidi Parry Stern of Nevada Attorney General's Office on behalf of The State of Nevada.(Stern, Heidi) (Entered: 06/18/2025)

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80 Aug. 29, 2025

CAFC decision in appeal # 2025-1812, 2025-1813. Decision: AFFIRMED-IN-PART, VACATED-IN-PART, AND REMANDED-IN-PART (related document(s) 68, 77 ). (Swindell, Stephen) (Entered: 08/29/2025)

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81 Aug. 29, 2025

CAFC Judgment AFFIRMED-IN-PART, VACATED-IN-PART, and REMANDED-IN-PART (related document(s) 80 ). (Swindell, Stephen) (Entered: 08/29/2025)

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82 Aug. 29, 2025

Order from CAFC The Clerk is directed to withhold issuance of the mandate through October 14, 2025, during which the parties may file a petition for a writ of certiorari in the Supreme Court. If, within that period, any party notifies the Clerk in writing that it has filed a petition for a writ of certiorari, the Clerk is directed to withhold issuance of the mandate pending (1) the Supreme Courts denial of certiorari or (2) a judgment of the Supreme Court if certiorari is granted. While the issuance of the mandate is withheld, the United States Court of International Trade shall take no further action in this case. (related document(s) 80, 81 ). (Swindell, Stephen) (Entered: 08/29/2025)

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83 Sept. 2, 2025

Order from CAFC ERRATA issued (related document(s) 80 ). (Goell, Geoffrey) (Entered: 09/02/2025)

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84 March 2, 2026

CAFC mandate in appeal # 2025-1813. Mandate issued on 3/2/2026 (related document(s) 67 ). (Goell, Geoffrey) (Entered: 03/02/2026)

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85 March 17, 2026

Order entered on 3/17/2026 ORDERED: Pursuant to 28 U.S.C. 253(c) and Rule 77 (e) (4) of the Rules of the Court, this case, previously assigned to the three-judge panel consisting of Judge Gary S. Katzmann, Judge Timothy M. Reif, and Judge Jane A. Restani, is reassigned to Judge Richard K. Eaton. ORDERED: This case is stayed sua sponte, until further notice. ORDERED: Any party seeking to lift the stay must provide good cause.(Swindell, Stephen) (Entered: 03/17/2026)

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Case Details

State / Territory:

- United States (national) -

Case Type(s):

Presidential/Gubernatorial Authority

Immigration and/or the Border

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: April 23, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

12 U.S. states impacted by President Trump's unilateral imposition of tariffs on Canada, Mexico, China, and 57 other countries.

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

U.S. Customs and Border Protection

U.S. Department of Homeland Security

United States

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Ex Parte Young (Federal) or Bivens

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Enumerations Clause

Non-delegation Doctrine

Separation of Powers

Other Dockets:

U.S. Court of International Trade 1:25-cv-00077

U.S. Court of Appeals for the Federal Circuit 25-01812

Special Case Type(s):

Three-Judge District Court

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

Attorneys fees

Declaratory Judgment

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

National / Universal injunction

Issues

Immigration/Border:

Trade/tariffs

Recommended Citation