Two toy manufacturers asked the court to greatly expedite their case, in an unusual request.The New York Times reports that two toy manufacturers have made an unusual request to the Supreme Court, asking for an expedited ruling on their challenge to President Trump’s tariffs program. The companies, Learning Resources and hand2mind, argue that the law used by Trump to impose the tariffs, the International Emergency Economic Powers Act, does not authorize them. They also claim that no president has ever used this law to impose tariffs in its nearly 50-year history.
The request is unusual for several reasons. First, it comes from the winning side, as the companies had previously won in front of a district court judge. Second, they are seeking to bypass the U.S. Court of Appeals for the District of Columbia Circuit, which would normally rule before the Supreme Court considers granting review. Lastly, they are asking for a quick decision, requesting that arguments be scheduled for September or October.
However, experts believe that the Supreme Court is unlikely to take up the case at this stage. The Court of International Trade has also ruled against the administration’s tariffs program, and the Federal Circuit is set to hear arguments in a separate challenge next month. Both lower court rulings have been put on hold, allowing Trump to continue with his tariffs.
Once the appeals courts have ruled, it is expected that the Supreme Court will hear appeals from one or both of the cases. The toy companies are attempting to use an uncommon procedure, “certiorari before judgment,” to bypass the D.C. Circuit. This procedure has been used in the past for national crises, such as President Nixon’s refusal to turn over tape recordings or President Truman’s seizure of the steel industry. However, it has become more common in recent years, with the Supreme Court using it at least 19 times since 2019, according to statistics compiled by law professor Stephen Vladeck.
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