Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Since our last update, the government filed its opening brief and several amicus briefs were filed in President Trump’s tariff case. Regarding pending petitions, three new petition were filed, one in a patent case and two in pro se cases. Additionally, respondents filed waivers of the right to respond in two cases. Here are the details.
Granted Cases
The only case pending at the Supreme Court that was previously decided by the Federal Circuit is Trump v. V.O.S. Selections, Inc.
Since our last update, the Trump Administration filed its opening brief. The government maintains IEEPA’s authorization to the President to “regulate importation” means that “IEEPA plainly authorizes the President to impose tariffs, which are a traditional and commonplace way to regulate imports.” The brief disagrees with the alternative argument that, “even if IEEPA authorizes tariffs, it does not authorize ‘unlimited tariffs” because “neither plaintiffs nor the Federal Circuit . . . identify what limited tariffs are acceptable, or how to tell.” The Trump administration contends Congress “fashioned [limits] in IEEPA itself, including the time limit on emergencies, the enumerated list of exceptions, and congressional oversight.” Furthermore, the brief states, “[t]he Court . . . has never applied the [major question] doctrine in the foreign affairs context.” Also, the government argues, the nondelegation doctrine is not violated because it “has little or no force in the foreign affairs context.”
Also, seven amicus briefs were filed. Six support President Trump while one did not support either party. The six in support of President Trump were filed by the following parties:
- American Center for Law and Justice
- Professor Chad Squitieri
- U.S. Representatives Darrell Issa & Brian Mast, America First Legal Foundation, and Coalition for a Prosperous America
- America’s Future
- America First Policy Institute
- Jill Homan
The amicus brief filed by Aditya Bamzai does not support either party.
Pending Petitions
New Petitions
Since our last update, new petitions have been filed in three cases decided by the Federal Circuit.
A petition was filed in EcoFactor, Inc. v. Google, LLC presenting the following questions:
- “Whether the Federal Circuit violated the Seventh Amendment by overturning the jury’s damages award based on its own evaluation of the sufficiency of the evidence, thereby substituting its judgment for the jury’s on a question of fact.”
- “Whether the Federal Circuit is permitted to apply a different, more stringent standard for the admission of expert testimony regarding damages in patent cases than is applied by other appellate courts reviewing expert testimony on other subjects, thereby creating a conflict in the application of Federal Rule of Evidence 702.”
- “Whether the Federal Circuit violated EcoFactor’s due process rights under the Fifth Amendment by deciding the appeal on a contract interpretation issue that was not raised in the district court, was not briefed by the parties on appeal, and was outside the scope of the en banc proceeding.”
In the following two cases, a pro se party filed a petition:
Waivers of Right to Respond
Since our last update waivers of the right to respond to petitions have been filed in the following cases: