
The Court of International Trade rules against some of President Trump’s tariffs, the State Department plans to revoke Chinese student visas, and more…
IN THE NEWS
- The Court of International Trade ruled against President Donald J. Trump, blocking his “Liberation Day” tariffs—10 percent tariffs on almost every U.S. trading partner—alongside particular tariffs set at 25 percent for Mexican and Canadian products and 20 percent for Chinese products. President Trump enacted these tariffs through the International Emergency Economic Powers Act of 1977, which grants the President authority to enact tariffs in response to national emergencies. The Trump Administration cited fentanyl and illicit drug trade and trade deficits as the national emergencies warranting intervention. The court reasoned, however, that the President having unlimited tariff authority is unconstitutional.
- Secretary of State Marco Rubio stated that the United States will “aggressively” revoke Chinese student visas and revise criteria to scrutinize further grants of visas. The United States hosts about 280,000 Chinese students, with China being the top-sending country for undergraduate and non-degree programs. This move follows President Trump’s legal suit with Harvard University, where the President attempted to review over 30 federal contracts and terminate the university’s ability to enroll international students. In response, China’s foreign ministry urged the United States to “protect the legitimate rights and interests” of international students.
- President Trump agreed to delay a proposed 50 percent tariff on EU imports, giving the United States and European Union until July 9 to strike a deal. The delay comes after President Trump and European Commission President Ursula von der Leyen called for swift negotiations. As a result of the delay, the EU paused its retaliatory trade measures against the United States, while European financial leaders urged for mutual collaboration. Stock market indexes jumped after the deal extension.
- A federal judge temporarily blocked the Department of Homeland Security (DHS) from terminating Harvard University’s required certification to enroll foreign students. DHS stated that the decision was a response to the university “fostering violence, antisemitism, and coordinating with the Chinese Communist Party.” The termination would render some incoming students unable to enter the United States and require current Harvard international students to transfer to other institutions or lose their legal status. Harvard criticized the order as a retaliation for the university’s refusal to make campus policy changes, including eliminating programs that promote diversity, equity, and inclusion. The federal government previously cut over $2.2 billion in grant funding to the university and has directed federal agencies to review remaining grants for further potential cuts.
- President Trump issued four executive orders aimed at expanding and accelerating the development of nuclear power plants in the United States. One order requires the Nuclear Regulatory Commission to conduct a “wholesale revision” of its rules within 18 months of the order’s issuance and to take no more than 18 months to decide on new applications for nuclear reactors. Another order directs the Secretary of the Department of Energy to develop a plan to increase U.S. supplies of uranium, noting that the United States currently depends heavily on foreign sources.
- A federal judge struck down an executive order revoking security clearances and cancelling government contracts with the law firm WilmerHale. The order accused the firm of supporting racial discrimination, undermining U.S. elections, and obstructing efforts to stop illegal immigration and drug trafficking. The order also criticized WilmerHale for “rewarding” former FBI director Robert Mueller, who investigated alleged interference in the 2016 presidential election, by hiring him and several colleagues. The judge found the order unconstitutional in part because it punished the law firm for speech protected by the First Amendment.
- The Centers for Disease Control and Prevention removed the COVID-19 vaccine from its recommended list of immunizations for healthy children and pregnant women. The Secretary of the U.S. Department of Health and Human Services, Robert F. Kennedy Jr., announced the decision in a video posted on X, citing a lack of clinical data to support the efficacy of booster vaccines. Steven J. Fleischman, president of the American College of Obstetricians and Gynecologists, criticized the announcement, noting the “catastrophic” effects that COVID-19 infections can have on health during pregnancy.
- The Federal Emergency Management Agency (FEMA) issued disaster declarations for the severe storms that impacted Missouri in March but has not approved a similar declaration for the tornado that affected St. Louis in May, despite requests by Missouri Governor Mike Kehoe. The declaration would authorize up to $5 million of federal assistance, including direct assistance to individuals and families. The Trump administration has cancelled previously granted FEMA disaster funds and fired the Administrator of FEMA, Cameron Hamilton.
WHAT WE’RE READING THIS WEEK
- In a recent Brookings Institution article, Martin Totaro, counsel at Hecker Fink LLP, and Connor Raso, deputy general counsel at the Public Company Accounting Oversight Board, argued that Congress should establish a compensation fund for victims of autonomous vehicle accidents. Totaro and Raso noted the lack of federal regulation surrounding autonomous vehicles, and observed that the determination of legal liability in accidents currently relies on traditional notions of human fault and responsibility that is difficult to apply to autonomous vehicles. They contended that a specialized compensation fund, similar to those established for the September 11 terrorist attacks and the Deepwater Horizon oil spill, would allow victims to efficiently receive payment while minimizing mass tort liability for automobile manufacturers.
- In an article for the Yale Regulatory Review, Gabriel Rauterberg, Professor of Law at the University of Michigan Law School, and Sarath Sanga, Professor of Law and Co-Director of the Yale Law School Center for the Study of Corporate Law, argued that the most important yet overlooked mechanism in corporate law is the “altering rule,” which governs how default corporate governance provisions can be changed. They proposed a path between rigid mandatory rules and total contractual flexibility: better-designed rules that structure how changes are made and to whom they bind. Rauterberg and Sanga introduce the idea of “nonparty consent” mechanisms to protect non-signatory shareholders from governance changes. This framework, they argued, could mitigate opportunism while enabling innovation in corporate contracting.
- In a National Bureau of Economic Research working paper, Ashvin Gandhi, an assistant professor at the University of California, Los Angeles, and Maggie Shi, an assistant professor at the University of Chicago, examined the effects of Medicare policies that aim to reduce waste by capping per-patient spending on physical therapy while allowing exceptions for patients who show a documented medical need. Gandhi and Shi found that these “soft” spending caps reduced spending without harming the overall health of the sample population. They also found, however, that the policy introduced new “horizontal inequities” because low-income and minority patients, who tend to be served by medical providers who keep less thorough documentation, were less able to prove their need for an exception. Gandhi and Shi characterized the policy as a tradeoff between cost efficiency and equity.
EDITOR’S CHOICE
- In an essay in The Regulatory Review, Veena Dubal, a professor at the University of California, Irvine School of Law, argued that laws such as California’s Proposition 22, which classifies workers engaged in “gig” jobs as independent contractors rather than employees, serve to entrench racial hierarchies rather than achieve the stated aims of entrepreneurial empowerment. Dubal noted that the gig economy is composed mainly of immigrants and members of racial minorities. She contended that these laws remove workers from minimum wage and overtime protections by not requiring employers to pay workers for all of their hours. Dubal compared the unequal consequences of these laws for marginalized groups to the Fair Labor Standards Act, which also excluded members of racial minorities from workforce protections.