Jenner & Block Files Amicus Brief on Behalf of Leading Economists Urging Federal Circuit to Block Tariffs Imposed Under IEEPA

Jenner & Block filed an amicus brief before the US Court of Appeals for the Federal Circuit on behalf of a distinguished group of economists in V.O.S. Selections, Inc. v. Trump. The brief supports plaintiffs challenging President Trump's use of the International Emergency Economic Powers Act (IEEPA) to impose sweeping "reciprocal tariffs" on global imports.

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The brief argues that the President's justification for the tariffs—to address US trade deficits—lacks economic foundation and does not meet the threshold criteria for invoking IEEPA. The economists explain, marshalling substantial evidence, that trade deficits are neither unusual nor extraordinary and pose no threat to national security or the economy. They note that many countries have trade deficits, and that the US has maintained persistent trade deficits for the past 50 years.

The brief also argues that, in keeping with standard economic principles, bilateral trade deficits are "a virtual logical certainty" between countries and that tariffs "do not meaningfully reduce the aggregate trade deficit." Instead, the economists observe that the reciprocal tariffs will have "trillions of dollars' worth of impact on the economy."

The economists—who include a Nobel laureate and former top White House economic advisers—argue that the tariffs’ vast economic impact triggers the “major questions doctrine,” requiring explicit authorization from Congress before the executive branch can make such consequential changes to US trade policy.

The Jenner & Block team includes Partners Debbie Berman, Aaron Cooper, and Adam Unikowsky, and Associate Alyssa Bernstein.

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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

Jenner & Block Files Amicus Brief on Behalf of Leading Economists Urging Federal Circuit to Block Tariffs Imposed Under IEEPA

Jenner & Block filed an amicus brief before the US Court of Appeals for the Federal Circuit on behalf of a distinguished group of economists in V.O.S. Selections, Inc. v. Trump. The brief supports plaintiffs challenging President Trump's use of the International Emergency Economic Powers Act (IEEPA) to impose sweeping "reciprocal tariffs" on global imports.

Read More

The brief argues that the President's justification for the tariffs—to address US trade deficits—lacks economic foundation and does not meet the threshold criteria for invoking IEEPA. The economists explain, marshalling substantial evidence, that trade deficits are neither unusual nor extraordinary and pose no threat to national security or the economy. They note that many countries have trade deficits, and that the US has maintained persistent trade deficits for the past 50 years.

The brief also argues that, in keeping with standard economic principles, bilateral trade deficits are "a virtual logical certainty" between countries and that tariffs "do not meaningfully reduce the aggregate trade deficit." Instead, the economists observe that the reciprocal tariffs will have "trillions of dollars' worth of impact on the economy."

The economists—who include a Nobel laureate and former top White House economic advisers—argue that the tariffs’ vast economic impact triggers the “major questions doctrine,” requiring explicit authorization from Congress before the executive branch can make such consequential changes to US trade policy.

The Jenner & Block team includes Partners Debbie Berman, Aaron Cooper, and Adam Unikowsky, and Associate Alyssa Bernstein.

Related Locations

© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

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