In it, government lawyers point to a case that went before the Supreme Court in June 2025, over birthright citizenship. Part of the decision in that case limited the use of universal injunctions, which apply a ruling to all people or companies affected, not just specific litigants. Judge Richard Eaton, who is overseeing the tariff lawsuits in the Court of International Trade, has said the limits on universal injunctions don’t apply in this case, but the government disagrees. “The CIT’s universal injunctions, requiring the government to refund IEEPA duties for all importers (including non-party importers), cannot possibly be squared with CASA,” — the court case that limited universal injunctions, the government wrote it its brief. Barry Appleton, a law professor and co-director of New York Law School’s Center for International Law, said it appears the government has the better legal argument, but businesses, especially smaller businesses, might suffer.