Webber et. al v. Department of Homeland Security
Case Overview
Plaintiffs in Webber v. DHS appealed Judge Christensen's decision transferring the case to the U.S. Court of International Trade.
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The Application
Judge Christensen transferred the Webber case to CIT, apparently finding the claims fell within CIT's exclusive tariff jurisdiction. The appellants contend the transfer was improper because the case raises constitutional challenges to IEEPA's exercise or involves remedies outside CIT's scope.
The Conclusion
The Ninth Circuit is reviewing the transfer order on appeal. The case remains active pending determination of whether the challenged tariffs present claims properly within CIT's exclusive jurisdiction or whether constitutional and equitable issues warrant retention in district court.
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