Host: Annik Sobing

Guest: Jason Kenner (Partner, Sandler, Travis & Rosenberg P.A.)

Published: September 15, 2025

Length: ~25 minutes

Presented by: Global Training Center

Billions at Stake: The Legal Fight Over IEEPA Tariffs

In this week’s Simply Trade Roundup, host Annik Sobing welcomes back Jason Kenner, litigation partner at Sandler, Travis & Rosenberg and former senior counsel at the DOJ’s International Trade Field Office, to unpack the latest in the escalating legal fight over IEEPA tariffs.

Jason explains the Federal Circuit’s August 29th ruling, the implications of striking down both the fentanyl and reciprocal tariffs, and why the case is now on an expedited path to the Supreme Court. With billions of dollars in duties hanging in the balance, importers are left asking: should they still pay, can refunds be expected, and how should they prepare if the Court rules against the tariffs?

What You’ll Learn in This Episode:

• The Court of Appeals Ruling – Why the Federal Circuit struck down key tariffs but vacated the universal injunction.


• Expedited Supreme Court Review – Why both the government and importers want a fast-track decision.


• Importer Impact – Whether tariffs must still be paid and what refund strategies are possible.


• Protecting Your Position – Why importers must safeguard liquidations and maintain airtight documentation.


• The Bigger Picture – How the major questions and non-delegation doctrines could reshape presidential tariff powers.

Key Takeaways:

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  Despite lower court rulings, importers must still pay IEEPA tariffs until the Supreme Court rules.

  
  


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  Protecting liquidations and documentation is critical to preserve potential refund rights.

  
  


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  The Supreme Court’s decision could redefine the scope of presidential tariff authority.

  
  


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  Businesses should prepare for long timelines and roadblocks even if tariffs are struck down.

  
  


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  Importers may need to consider filing their own cases in light of the vacated universal injunction.

  
  

📌 Resources & Mentions:

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  Sandler, Travis & Rosenberg, P.A.

  
  


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  Federal Circuit Opinion on IEEPA Tariffs – August 29, 2025

  
  


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  Supreme Court Cert Petition in V.O.S. v. United States (Sept 5, 2025)

  
  


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  CRS Report on Presidential Tariff Authority & IEEPA

  
  

Credits

Host: Annik Sobing

Guest: Jason Kenner

Producer: Lalo Solorzano

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Presented by: Global Training Center — providing education, consulting, workshops, and compliance resources for trade professionals.

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