2/26/26 — CAFC Orders U.S. to Respond on Immediate Mandate in IEEPA Tariff Cases

The U.S. Court of Appeals for the Federal Circuit on February 25 ordered the government to respond by February 27 to a motion seeking immediate issuance of the mandates in the lead IEEPA tariff appeals, including V.O.S. Selections v. Trump, Fed. Cir. No. 25-1812.

The importers filed their motion on February 24, arguing that a swift mandate is needed to begin the refund process at the Court of International Trade following the Supreme Court's decision that IEEPA does not authorize the tariffs at issue. More than 900 suits are currently pending before the CIT.

At the same time, the plaintiffs filed a motion at the CIT for a permanent injunction against continued collection of IEEPA tariffs and an order compelling the government to begin the administrative refund process.

The CAFC's order is narrow -- it simply directs the government to state whether it consents to or opposes immediate issuance of the mandate. But the order underscores the courts' awareness that substantial refunds and ongoing tariff collections are at stake.

If the CAFC grants the motion, the mandate would clear the way for the CIT to move more quickly on permanent injunctive and refund relief. If not, the timing of any refunds may remain tied to further appellate proceedings.

For importers with significant exposure to IEEPA duties, monitoring both the CAFC docket and the CIT injunction proceedings will be critical in planning refund strategy and managing ongoing entries.