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Trump v. V.O.S. Selections

Consolidated with:

Docket No. Op. BelowArgument Opinion Vote Author Term
25-250 Fed. Cir. Nov 5, 2025 Feb 20, 2026 6-3 Roberts OT 2025

Holding: The International Emergency Economic Powers Act does not authorize the President to impose tariffs.

Judgment: Affirmed, 6-3, in an opinion by Chief Justice Roberts on February 20, 2026. Chief Justice Roberts announced the judgment of the court and delivered the opinion of the court with respect to Parts I, II–A–1, and II–B, in which Justices Sotomayor, Kagan, Gorsuch, Barrett, and Jackson joined, and an opinion with respect to Parts II–A–2 and III, which Justices Gorsuch and Barrett joined. Justices Gorsuch and Barrett wrote concurring opinions. Justice Kagan wrote an opinion concurring in part and concurring in the judgment, joined by Justices Sotomayor and Jackson. Justice Jackson wrote an opinion concurring in part and concurring in the judgment. Justice Thomas wrote a dissenting opinion. Justice Kavanaugh wrote a dissenting opinion, joined by Justices Thomas and Alito.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
09/03/2025Petition for a writ of certiorari filed. (Response due October 6, 2025)
09/03/2025Motion to expedite consideration of the petition for a writ of certiorari and, if certiorari is granted, briefing and argument on the merits filed by petitioners.
09/05/2025Memorandum of respondents V.O.S. Selections, Inc., et al. filed.
09/08/2025Brief amici curiae of Advancing American Freedom, et al. filed.
09/08/2025Brief of State Respondents in support filed.
09/09/2025The motion to expedite and the petition for a writ of certiorari are GRANTED. The petition for a writ of certiorari before judgment in No. 24-1287 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. Respondents in No. 24-1287 and petitioners in No. 25-250 shall file an opening brief on the merits on or before Friday, September 19, 2025. Any amicus curiae briefs in support or in support of neither party shall be filed on or before Tuesday, September 23, 2025. Petitioners in No. 24-1287 and respondents in No. 25-250 shall file response briefs on the merits on or before Monday, October 20, 2025. Any amicus curiae briefs in support shall be filed on or before Friday, October 24, 2025. A reply brief shall be filed by Thursday, October 30, 2025. The cases will be set for argument in the first week of the November 2025 argument session. VIDED.
09/09/2025Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 24-1287. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 24-1287. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
09/10/2025Record requested from the United States Court of Appeals for the Federal Circuit.
09/12/2025Record received electronically from the United States Court of Appeals for the Federal Circuit and available with the Clerk.
09/18/2025SET FOR ARGUMENT on Wednesday, November 5, 2025. VIDED.
09/21/2025Amicus brief of Corey J. Biazzo, Esq. not accepted for filing. (September 23, 2025)
09/22/2025Record received from the United States Court of International Trade and available with the Clerk. The record is electronic and is available on PACER.
09/30/2025CIRCULATED
11/05/2025Argued. For federal parties: D. John Sauer, Solicitor General, Department of Justice, Washington, D. C. For private parties: Neal K. Katyal, Washington, D. C. For state parties: Benjamin N. Gutman, Solicitor General, Salem, Ore. VIDED.
02/20/2026Adjudged to be AFFIRMED. Judgment in No. 24-1287 is VACATED and case REMANDED with instructions to dismiss for lack of jurisdiction. Roberts, C. J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II–A–1, and II–B, in which Sotomayor, Kagan, Gorsuch, Barrett, and Jackson, JJ., joined, and an opinion with respect to Parts II–A–2 and III, in which Gorsuch and Barrett, JJ., joined. Gorsuch, J., and Barrett, J., filed concurring opinions. Kagan, J., filed an opinion concurring in part and concurring in the judgment, in which Sotomayor and Jackson, JJ., joined. Jackson, J., filed an opinion concurring in part and concurring in the judgment. Thomas, J., filed a dissenting opinion. Kavanaugh, J., filed a dissenting opinion, in which Thomas and Alito, JJ., joined. VIDED.