Background

Sandler, Travis & Rosenberg, P.A., the largest dedicated international trade, customs, and export law firm in the world, has submitted a legal brief on behalf of hundreds of small businesses in the most significant trade-related case to appear before the Supreme Court in decades.

Two lower courts have already ruled that the “reciprocal” and trafficking-related tariffs imposed this year on imports from virtually all trading partners exceed the president’s authority under the International Emergency Economic Powers Act. The Supreme Court has put the case on an accelerated track, with the two opposing sides having already filed their briefs and preparing now to offer oral arguments before the Court Nov. 5.

On Oct. 24 ST&R submitted an amicus curiae (“friend of the court”) brief in the case on behalf of We Pay the Tariffs, a coalition of more than 700 small and medium-sized businesses across a range of industries. This brief highlights detailed accounts of the severe economic impacts the tariffs are having on U.S. companies. Over 73 pages the brief includes dozens of firsthand testimonials from business owners who have had to cut jobs, freeze salaries, halt expansion plans, and raise prices; who have endured massive additional and unexpected costs; and who have lost market share to larger competitors or even closed their doors completely.

“For nearly 50 years ST&R  has represented businesses and organizations on virtually every significant trade issue before federal courts, regulatory agencies, and Congress,” said Jason Kenner, who heads ST&R’s Litigation Practice and drafted the brief. “The effectiveness of our advocacy efforts has earned us a reputation as one of the premier trade and customs firms in the world, and that reputation is what earned the trust of hundreds of small businesses to submit this amicus brief on their behalf.”

At the same time, Kenner said, ST&R continues to work productively and collaboratively with the Administration to find ways to envision, develop, and implement a tariff framework that promotes national and economic security while enhancing and growing global supply chains reliant on imports of critical inputs, domestic manufacturing, and exports to U.S. trading partners.

Professional

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Jason M. Kenner
Member, Litigation Practice Leader
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