A federal judge recently issued a preliminary injunction that blocked tariffs authorized by President Trump under the International Emergency Economic Powers Act (IEEPA) a day after the US Court of International Trade (CIT) ruled similarly. McCarter & English partner Zack Hadžismajlović spoke with Law360 about the ruling and commented that the CIT significantly undercuts the president’s agenda on a broad scale. “In sum and substance, the Court of International Trade kicked out the stool from under the administration’s entire trade and economic plan,” he said. For countries engaged in trade negotiations with the US in response to the IEEPA tariffs, Zack suggested the CIT ruling could offer them an opportunity to reevaluate their own negotiating position. “If you are a foreign sovereign, this is a good time to pause and reconsider your tariff negotiation posture; let the courts argue your case for you,” he said. “Without IEEPA, there is no instrument they can wield to impose immediate ‘reciprocal’ tariffs on each of our trading partners.”
5.30.2025