Appeal cites Supreme Court limits on universal injunctions
Government lawyers filed an opening brief Monday in the U.S. Court of Appeals for the Federal Circuit, arguing that a Court of International Trade judge overstepped his authority by ordering U.S. Customs and Border Patrol to issue refunds to all companies that paid tariffs deemed illegal in February — including those that never filed a lawsuit in trade court.
The government filed its appeal in June and filed its opening brief on Monday, according to the Associated Press.
In the brief, government lawyers point to a case that went before the Supreme Court in June 2025 over birthright citizenship. Part of that decision limited the use of universal injunctions, which apply a ruling to all people or companies affected, not just specific litigants.
Judge Richard Eaton, who is overseeing the tariff lawsuits in the Court of International Trade, has said the limits on universal injunctions don’t apply in this case. The government disagrees.