Gray Proctor was quoted in a recent Tax Notes article titled “Trade Court Overturns Trump Tariffs; Order Stayed on Appeal.”
The article addresses the pending U.S. Supreme Court review of the U.S. Court of Appeals for the Federal Circuit’ 7-4 ruling in the consolidated cases of V.O.S. Selections v. United States and Oregon v. Trump. The U.S. Court of Appeals for the Federal Circuit sided with the five business plaintiffs in V.O.S. and the 12 state plaintiffs in Oregon, with the ruling affirming the U.S. Court of International Trade’s determination (CIT) that the “trafficking and reciprocal tariffs” in the challenged executive orders exceed the president’s authority under the International Emergency Economic Powers Act (IEEPA.)
However, this ruling did not specify whether IEEPA generally authorizes the president to issue tariffs.
Gray noted that the main question for the Supreme Court is whether IEEPA allows the declaration of tariffs. In this ongoing court dispute that could affect millions of consumers and business owners, courts have sided with the protesting consumers and companies to date. Gray pointed to California v. Trump in the Ninth Circuit, when the state of California filed a lawsuit to challenge the tariffs, as the determinant for whether IEEPA authorizes tariffs.
“The Court is very interested in balance of powers these days; I wouldn’t be surprised if we see review of either this case or the Ninth Circuit case,” Gray said.
Following Gray’s interview, the Supreme Court agreed to review both the V.O.S. Selections v. United States and a separate case, Learning Resources v. Trump.
You can learn more about the tariff rulings to date and legal questions involved in the Supreme Court’s review by reading the complete article here.
About Gray
Gray is an experienced and accomplished appellate advocate who represents clients facing both civil and criminal penalties. He also maintains a trial support practice focusing on dispositive motions and other key issues upon which an appeal might follow.
