9th Circuit Stays US Filing Deadlines in Blackfeet Nations' IEEPA Tariff Case
The U.S. Court of Appeals for the 9th Circuit denied the government's attempt to stay the case from members of Blackfeet Nation against the tariffs imposed under the International Emergency Economic Powers Act due to the federal government shutdown as "unnecessary" in light of the court's order issued in response to the shutdown (Susan Webber v. U.S. Department of Homeland Security, 9th Cir. # 25-2717).
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In its order, the court said it will "continue to carry out its constitutional duties," though it said deadlines for federal attorneys that occur during the shutdown will be stayed, and the due date "will be reset by further order of the Court." The government asked for a stay due the shutdown, specifically asking the court to extend the current deadlines by the length of the shutdown, plus an additional 14 days.
The issue arose in the Blackfeet Nation members' suit claiming that tariffs imposed under the IEEPA and Section 232 violated the Constitution's Indian Commerce Clause and the Jay Treaty, among other claims (see 2504100039). The Montana district court in which the case was filed sent the case to the Court of International Trade after finding the trade court had exclusive jurisdiction to resolve the matter (see 2504250063).
Most recently, the appellate court ordered supplemental briefing on whether the court has subject matter jurisdiction to review the order transferring the case to CIT (see 2509250017).