EMILY LEY PAPER, INC. v. TRUMP
3:25-cv-00464
N.D. Fla.May 20, 2025Background
- Plaintiffs challenged dramatically increased tariffs imposed on Chinese imports by a series of presidential executive orders, which relied on the International Emergency Economic Powers Act (IEEPA) and related statutes.
- The President declared a national emergency related to drug trafficking and trade imbalances, then escalated tariffs on Chinese imports up to 145%.
- Plaintiffs, whose businesses allegedly suffer financial harm from these tariffs, sued in federal district court seeking to invalidate the tariffs.
- Defendants (U.S. government officials) moved to transfer the case to the U.S. Court of International Trade (CIT), arguing exclusive jurisdiction.
- The central dispute: whether IEEPA authorizes tariffs such that the CIT, not the district court, must hear these challenges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does district court have jurisdiction, or CIT? | District court has federal question jurisdiction under 28 U.S.C. §1331. | CIT holds exclusive jurisdiction under 28 U.S.C. §1581. | CIT has exclusive jurisdiction; transfer is appropriate. |
| Does IEEPA authorize the imposition of tariffs? | IEEPA does not mention tariffs; "regulate" does not mean "impose tariffs." | IEEPA's power to "regulate importation" includes tariffs. | IEEPA provides authority to impose tariffs; CCPA precedent. |
| Major questions doctrine limits executive power? | Imposing tariffs is a novel use of IEEPA, which fails the doctrine. | Statute clearly authorizes President’s action here. | Congress gave clear authorization; doctrine not implicated. |
| Are these tariffs for regulatory, not revenue, purposes? | Tariffs primarily seek revenue. | Aim is to address national emergencies, not revenue. | Purpose is not revenue-raising; fits CIT's jurisdiction. |
Key Cases Cited
- K-Mart Corp. v. Cartier, Inc., 485 U.S. 176 (1988) (District courts are divested of jurisdiction under §1581 when CIT's exclusive jurisdiction applies)
- Orleans Int’l, Inc. v. United States, 334 F.3d 1375 (Fed. Cir. 2003) (CIT jurisdiction removes specific trade actions from district courts)
- United States v. Yoshida Int’l, Inc., 526 F.2d 560 (C.C.P.A. 1975) (Authority to regulate imports includes power to impose duties)
- Regan v. Wald, 468 U.S. 222 (1984) (IEEPA’s powers are essentially the same as the Trading with the Enemy Act)
- Christianson v. Colt Indus. Operating Corp., 486 U.S. 800 (1988) (Transferred court can revisit jurisdictional determinations)
- Alimenta (USA), Inc. v. Lyng, 872 F.2d 382 (11th Cir. 1989) (Transfer orders under §1631 are not appealable)
