Yesterday, the Court of International Trade blocked the White House from using the emergency powers act to impose tariffs on foreign countries. The decision has already been appealed. Appeals from the Court of International Trade go to the US Court of Appeals for the Federal Circuit.
This begs a few questions:
- Will the CAFC take this case en banc sua sponte? Will any judges recuse themselves?
- While rarely used, will the CAFC expand the panel to five judges from the normal three?
- Will the CAFC stick to its unique procedure of announcing the panel shortly before oral argument?
- How dynamically will the stock market respond during the oral argument?
- How many patents will be deemed non-infringed or subject matter ineligible in the decision?
- . . . . . will the Federal Circuit issue a Rule 36 decision?