Trump v. V.O.S. Selections

Consolidated with Learning Resources, Inc. v. Trump (Tariffs) (24-1287)

Docket No.25-250

Op. BelowFed. Cir.

ArgumentNov 5, 2025

Vote6-3

AuthorJohn Roberts

OpinionFeb 20, 2026

TermOctober Term 2025

SCOTUS Page Opinion

Holding

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

Judgment

Affirmed, 6-3, in an opinion by John Roberts on Feb 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.

Proceedings & orders timeline

Sep 3, 2025

Petition for a writ of certiorari filed. (Response due October 6, 2025)Sep 3, 2025

Motion 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.Sep 5, 2025

Memorandum of respondents V.O.S. Selections, Inc., et al. filed.Sep 8, 2025

Brief amici curiae of Advancing American Freedom, et al. filed.Sep 8, 2025

Brief of State Respondents in support filed.

Sep 9, 2025

The 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.

Sep 9, 2025

Because 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.”

Sep 10, 2025

Record requested from the United States Court of Appeals for the Federal Circuit.

Sep 12, 2025

Record received electronically from the United States Court of Appeals for the Federal Circuit and available with the Clerk.

Sep 18, 2025

SET FOR ARGUMENT on Wednesday, November 5, 2025. VIDED.

Sep 21, 2025

Amicus brief of Corey J. Biazzo, Esq. not accepted for filing. (September 23, 2025)

Sep 22, 2025

Record received from the United States Court of International Trade and available with the Clerk. The record is electronic and is available on PACER.

Sep 30, 2025

CIRCULATED

Nov 5, 2025

Argued. 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.

Feb 20, 2026

Adjudged 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.

Mar 24, 2026

Judgment Issued.

Recommended Citation: Trump v. V.O.S. Selections, SCOTUSblog, https://www.scotusblog.com/cases/trump-v-v-o-s-selections/