The following is a summary of an interview conducted by NPR’s Scott Simon with attorney Jason Kenner regarding the U.S. Court of International Trade and related tariff litigation. Kenner, who has experience in the Department of Justice’s International Trade Field Office, provides insights into the court’s functions and current litigation challenges.
The Federal Circuit Court of Appeals has recently delayed an order from the U.S. Court of International Trade that had put numerous tariffs on hold, a situation leaving the legality of President Trump’s tariff policies uncertain. This specific court, established under Article 3 of the Constitution, differs from district courts due to its nationwide jurisdiction and exclusive focus on customs and trade matters, explained Kenner. Despite its significant influence on trade, it remains relatively low-profile.
Kenner notes that the court frequently addresses disputes about tariff classifications, which can significantly impact import tax liabilities. In the particular case discussed, the U.S. Court of International Trade has already assessed the reciprocal and fentanyl tariffs, ruling them unauthorized under the International Emergency Economic Powers Act (IEEPA). The Act permits presidential actions during emergencies, such as those declared for fentanyl trafficking and trade deficits.
Kenner expresses that such judicial bodies provide reassurance by ensuring that government actions comply with legal boundaries. He also acknowledges the possibility of the Trump administration advancing this tariff dispute to the U.S. Supreme Court, given its broad implications.
This article reflects information © 2025 NPR, with revisions possible to enhance accuracy following the audio record.
