Gee, why didn't two presumably 'originalist' judges vote not to enjoin? Their families are a bunch of squishy lib Nike employees?
The three judge panel consisted of judges Timothy Reif a Trump appointment), Gary Katzmann (an Obama appointment), and Jane Restani (a Reagan appointee). The government's response brief was filed on April 29 and the plaintiff's reply on May 6, 2025. The hearing was held on May 13, 2025.
The three-judge panel granted plaintiffs on summary judgment on May 28, 2025, permanently enjoining the government from enforcing the tariffs. The court ruled that the IEEPA does not delegate power from Congress to the president to create tariffs.[21] The panel's opinion argued that while the president may at times be given limited powers to set tariffs, this does not grant the office "unlimited tariff authority" that Trump had claimed the IEEPA granted.[22]