Case 1:25-cv-01248-RC          Document 26        Filed 05/22/25      Page 1 of 2




                      IN THE UNITED STATES DISTRICT COURT
                          FOR THE DISTRICT OF COLUMBIA

LEARNING RESOURCES, INC., et al.,                    )
                                                     )
                      Plaintiffs,                    )
                                                     )
       v.                                            )       Civil Action No. 1:25-cv-01248-RC
                                                     )
DONALD J. TRUMP, President of the United             )
States, in his official capacity, et al.,            )
                                                     )
                      Defendants.                    )

                        NOTICE OF SUPPLEMENTAL AUTHORITY

       Defendants respectfully notify the Court of the attached decision of the U.S. District

Court for the Northern District of Florida in Emily Ley Paper, Inc. v. Trump, No. 3:25-cv-464,

ECF No. 37 (N.D. Fla. May 20, 2025). The court held that a civil action challenging the

President’s imposition of tariffs under IEEPA fell within the exclusive jurisdiction of the Court

of International Trade and ordered transfer under 28 U.S.C. § 1631.

       Like plaintiffs here, the plaintiffs in Emily Ley Paper argued that IEEPA is not a “law . . .

providing for . . . tariffs” within the meaning of 28 U.S.C. § 1581(i). The court rejected that

argument, concluding “that the authority to ‘regulate imports’ includes the authority to impose

tariffs or duties on imports as a means of regulation.” Id. at 12 (citing United States v. Yoshida

Int’l, Inc., 526 F.2d 560, 575 (C.C.P.A. 1975)). Further, the court held that Congress provided

“‘clear authorization’ under the modern major questions doctrine.” Id. Thus, the court held that

“IEEPA authorizes the imposition of tariffs,” id. at 15, and transferred the case to the Court of

International Trade, which has exclusive jurisdiction under 28 U.S.C. § 1581. Id. at 18.

       Additionally, the plaintiffs in Emily Ley Paper had requested that the court stay any

transfer to seek immediate review by the Eleventh Circuit. Id. at 18 n.19. The court declined to




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do so and explained that the plaintiffs could “raise the jurisdictional issue in the CIT” as well as

“on appeal in the Federal Circuit.” Id.; see also id. at 7 n.9 (noting that the Federal Circuit’s

“opinions pertaining to §1581 and trade-related issues are particularly persuasive”). Although

plaintiffs in this case request dismissal rather than transfer if the Court concludes it lacks

jurisdiction so that they may seek immediate review by the D.C. Circuit, it is equally true here

that the Court of International Trade and Federal Circuit can (and should) address the

jurisdictional issue.

DATED: May 22, 2025                                  Respectfully submitted,

OF COUNSEL:                                          YAAKOV M. ROTH
                                                     Acting Assistant Attorney General
ALEXANDER K. HAAS
Director                                             ERIC J. HAMILTON
                                                     Deputy Assistant Attorney General
STEPHEN M. ELLIOTT
Assistant Director                                   PATRICIA M. McCARTHY
U.S. Department of Justice                           Director
Civil Division
Federal Programs Branch                              /s/ Claudia Burke
                                                     CLAUDIA BURKE
SOSUN BAE                                            Deputy Director
Senior Trial Counsel
LUKE MATHERS                                         /s/ Justin R. Miller
BLAKE W. COWMAN                                      JUSTIN R. MILLER
COLLIN T. MATHIAS                                    Attorney-In-Charge
Trial Attorneys                                      International Trade Field Office
U.S. Department of Justice
Civil Division                                       /s/ Catherine M. Yang
Commercial Litigation Branch                         CATHERINE M. YANG
                                                     Trial Attorney
                                                     U.S. Department of Justice
                                                     Civil Division
                                                     Commercial Litigation Branch
                                                     PO Box 480, Ben Franklin Station
                                                     Washington, DC 20044
                                                     (202) 514-4336
                                                     catherine.m.yang@usdoj.gov
                                                     Attorneys for Defendants




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