On September 9, 2025, the U.S. Supreme Court agreed to review a consolidation of two cases challenging the legality of tariffs imposed by President Donald Trump under the International Emergency Economic Powers Act (IEEPA). It has scheduled oral arguments for the first week of November, an unusually swift timeline for the Court.
The first case, V.O.S. Selections, Inc., et al., comes to the Supreme Court following the Trump administration’s appeal of a 7-4 per curiam ruling by the U.S. Court for the Federal Circuit (“Federal Circuit”), which upheld the Court of International Trade’s decision that the IEEPA-based tariffs were unconstitutional. (See Update of September 2, 2025 (regarding the Federal Circuit ruling) and Update of May 30, 2025 (regarding the Court of International Trade decision)). Despite its ruling, the Federal Circuit is allowing the tariffs to remain in effect until October 14, 2025.
The second case, Learning Resources, Inc., et al., follows a request by the plaintiffs in that suit for expedited review while their case remains pending before the U.S. Court of Appeals for the D.C. Circuit. Although that case is narrower in scope—challenging the IEEPA-based tariffs as to the named plaintiffs only—the Trump administration also lost at the lower court level. (See Update of May 29, 2025).