Supreme Court of the United States · Official docket →
Learning Resources, Inc., et al. v. Donald J. Trump, President of the United States, et al.
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 25-5202
Decided · February 20, 2026
Pre-decision estimate: 18% cert probability (95% interval 10%–31%)
Before the decision, about 4.5× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before and a D.C. Circuit decision below.
Question presented
The International Emergency Economic Powers Act, 50 U.S.C. § 1701 et seq. ("IEEPA") permits the President, upon a valid emergency declaration, to "investigate, block during the pendency of an investigation, regulate, direct and compel, nullify, void, prevent or prohibit, any acquisition, holding, withholding, use, transfer, withdrawal, transportation, importation or exportation of, or dealing in, or exercising any right, power, or privilege with respect to, or transactions involving, any property in which any foreign country or a national thereof has any interest[.]" Id. § l 702(a)(1)(B). Until now, no President in IEEPA's nearly 50-year history has ever invoked it to impose tariffs-let alone the sweeping worldwide tariffs imposed pursuant to the executive orders challenged here. The question presented is: Whether IEEPA authorizes the President to impose tariffs. THE PETITION FOR A WRIT OF CERTIORARI BEFORE JUDGMENT IS GRANTED. CONSOLIDATED WITH 25-250 FOR ONE HOUR ORAL ARGUMENT. EXPEDITED BRIEFING. THE CASES WILL BE SET FOR ARGUMENT IN THE FIRST WEEK OF THE NOVEMBER 2025 ARGUMENT SESSION.
Counsel of record
For petitioner
Pratik Arvind Shah
Akin Gump Strauss Hauer & Feld, LLP
For respondent
Benjamin Noah Gutman
Oregon Department of Justice
Argument & decision
Argued November 5, 2025 — D. John Sauer · Neal K. Katyal · Benjamin N. Gutman. Audio and transcript
Decided February 20, 2026. Opinion by Roberts, C.J..
Proceedings
- Mar 24 2026Judgment Issued.
- Feb 20 2026Judgment in No. 24-1287 is VACATED and case REMANDED with instructions to dismiss for lack of jurisdiction; the judgment in No. 25-250 is AFFIRMED. 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.
- Nov 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.
- Oct 30 2025Reply of respondents Donald J. Trump, President of the United States, et al. filed. VIDED. (Distributed)
- Oct 24 2025Brief amicus curiae of Economists filed. VIDED. (Distributed)
- Oct 24 2025Brief amici curiae of Scott Lincicome, et al. filed. VIDED. (Distributed)
- Oct 24 2025Brief amicus curiae of Brennan Center for Justice filed. VIDED. (Distributed)
- Oct 24 2025Brief amici curiae of National Security Officials filed. VIDED. (Distributed)
- Oct 24 2025Brief amicus curiae of Washington Legal Foundation filed. VIDED. (Distributed)
- Oct 24 2025Brief amicus curiae of American College of Tax Counsel filed. VIDED. (Distributed)
- Oct 24 2025Brief amici curiae of Members of the United States Congress filed. VIDED. (Distributed)
- Oct 24 2025Brief amicus curiae of We Pay the Tariffs filed. VIDED. (Distributed)
- Oct 24 2025Brief amici curiae of Goldwater Institute, et al. filed. VIDED. (Distributed)
- Oct 24 2025Brief amici curiae of American Watch Association, et al. filed. VIDED. (Distributed)
- Oct 24 2025Brief amici curiae of 31 Former Federal Judges filed. VIDED. (Distributed)
- Oct 24 2025Brief amici curiae of Professor Julian Arato, et al. filed. VIDED. (Distributed)
- Oct 24 2025Brief amici curiae of Former Senior Military, National Security, and Foreign Policy Government Officials filed. VIDED. (Distributed)
- Oct 24 2025Brief amicus curiae of Constitutional Accountability Center filed. VIDED. (Distributed)
- Oct 24 2025Brief amici curiae of California, et al. filed. VIDED. (Distributed)
- Oct 24 2025Brief amici curiae of Professors of Administrative Law, et al. filed. VIDED. (Distributed)
- Oct 24 2025Brief amici curiae of Former Government Officials, et al. filed. VIDED. (Distributed)
- Oct 24 2025Brief amicus curiae of Cato Institute filed. VIDED. (Distributed)
- Oct 24 2025Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed (as to 25-250). (Distributed)
- Oct 24 2025Brief amici curiae of Princess Awesome, LLC, et al. filed (as to 25-250). (Distributed)
- Oct 24 2025Brief amicus curiae of Peter W. Sage filed (as to 25-250). (Distributed)
- Oct 24 2025Brief amici curiae of Advancing American Freedom, et al. filed. VIDED. (Distributed)
- Oct 24 2025Brief amici curiae of Tax Law Professors filed. VIDED. (Distributed)
- Oct 24 2025Brief amicus curiae of National Taxpayers Union Foundation filed. VIDED. (Distributed)
- Oct 24 2025Brief amici curiae of Emily Ley Paper, Inc., et al. filed. VIDED. (Distributed)
- Oct 24 2025Brief amici curiae of Scholars of the History of Constitutional Law and the Presidency filed. VIDED. (Distributed)
- Oct 24 2025Brief amici curiae of Carla Anderson Hills and Alan William Wolff filed (as to 25-250). (Distributed)
- Oct 24 2025Brief amici curiae of Washington State Amici filed (as to 25-250). (Distributed)
- Oct 24 2025Brief amicus curiae of Trade Scholars in Economics, Politics, and Law filed (as to 25-250). (Distributed)
- Oct 23 2025Motion of petitioners in No. 24-1287 and respondents in No. 25-250 for divided argument and for enlargement of time for oral argument is granted in part. A total of 80 minutes is allotted for oral argument, and the time is allocated as follows: 40 minutes for the Solicitor General, 20 minutes for one advocate on behalf of the private parties, and 20 minutes for one advocate on behalf of the state parties.
- Oct 23 2025Motion of Susan Webber, et al. for leave to participate in oral argument as amici curiae, for divided argument, and for enlargement of time for oral argument is denied.
- Oct 23 2025Brief amicus curiae of Institute for Policy Integrity at New York University School of Law filed. VIDED. (Distributed)
- Oct 23 2025Brief amicus curiae of BRB Management, LLC filed. VIDED. (Distributed)
- Oct 22 2025Brief amici curiae of Professors of U.S. Foreign Relations Law filed. VIDED. (Distributed)
- Oct 22 2025Brief amici curiae of Vikram David Amar, et al. filed. VIDED. (Distributed)
- Oct 20 2025Brief of petitioners Learning Resources, Inc., et al. filed (as to 24-1287). (Distributed)
- Oct 20 2025Brief of State Respondents in No. 25-250 filed. VIDED. (Distributed)
- Oct 20 2025Brief of private respondents V.O.S. Selections, Inc., et al. filed (as to 25-250). (Distributed)
- Oct 17 2025Brief amici curiae of George F. Allen, et al. filed. VIDED. (Distributed)
- Oct 17 2025Brief amicus curiae of Crutchfield Corporation filed. VIDED. (Distributed)
- Oct 14 2025Motion for leave to intervene filed by Susan Webber, et al. DENIED. VIDED.
- Oct 08 2025Brief amicus curiae of Consumer Watchdog filed. VIDED. (Distributed)
- Oct 08 2025Brief amicus curiae of Corey J. Biazzo, Esq. filed. VIDED. (Distributed)
- Oct 01 2025Motion of petitioners in No. 24-1287 and respondents in No. 25-250 for divided argument and for enlargement of time for oral argument filed. VIDED.
- Sep 30 2025CIRCULATED
- Sep 29 2025Motion for leave to participate in oral argument as amici curiae, for divided argument, and for enlargement of time for oral argument filed by Susan Webber, et al. VIDED.
- Sep 24 2025Application (25A327) granted by The Chief Justice for leave to file a reply brief on the merits in excess of the word limit. The brief shall not exceed 9,000 words.
- Sep 23 2025Brief amicus curiae of Professor Aditya Bamzai in support of neither party filed. VIDED
- Sep 23 2025Brief amicus curiae of American Center for Law and Justice filed. VIDED.
- Sep 23 2025Brief amici curiae of U.S. Representative Darrell Issa, et al. filed. VIDED.
- Sep 23 2025Brief amicus curiae of Professor Chad Squitieri filed. VIDED.
- Sep 23 2025Brief amicus curiae of America First Policy Institute filed. VIDED.
- Sep 23 2025Brief amicus curiae of America's Future filed. VIDED.
- Sep 23 2025Brief amicus curiae of Jill Homan filed. VIDED.
- Sep 22 2025Motion to dispense with printing the joint appendix filed by the Solicitor General GRANTED. VIDED.
- Sep 19 2025Application (25A327) for leave to file a reply brief on the merits in excess of the word limit, submitted to The Chief Justice.
- Sep 19 2025Opening brief on the merits of Donald J. Trump, President of the United States, et al. filed. VIDED. (Distributed)
- Sep 18 2025SET FOR ARGUMENT on Wednesday, November 5, 2025. VIDED.
- Sep 17 2025Motion for leave to intervene DISTRIBUTED for Conference of 10/10/2025.
- Sep 17 2025Any motion pertaining to the oral argument in these cases shall be filed on or before Friday, October 3, 2025.
- Sep 12 2025Record received electronically from the United States Court of Appeals for the District of Columbia Circuit and available with the Clerk.
- Sep 12 2025Record received from the United States District Court for the District of Columbia. The record is electronic and is available on PACER.
- Sep 11 2025Opposition to motion for leave to intervene from respondents Donald J. Trump, President of the United States, et al. filed. VIDED.
- Sep 10 2025Record requested from the United States Court of Appeals for the District of Columbia Circuit.
- Sep 10 2025Motion to dispense with printing the joint appendix filed by the Solicitor General. VIDED.
- Sep 10 2025Motion for leave to intervene filed by Susan Webber, et al. VIDED.
- Sep 09 2025Petition for a writ of certiorari before judgment GRANTED. The motion to expedite and the petition for a writ of certiorari in No. 25-250 are 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 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.”
- Sep 04 2025Letter from petitioners Learning Resources, Inc., et al. filed.
- Aug 06 2025DISTRIBUTED for Conference of 9/29/2025.
- Aug 05 2025Reply of petitioners Learning Resources, Inc., et al. filed. (Distributed)
- Jul 17 2025Brief of respondents Donald J. Trump, President of the United States, et al. in opposition filed.
- Jul 17 2025Brief amici curiae of George F. Allen, et al. filed.
- Jun 20 2025Reply of petitioners Learning Resources, Inc., et al. in support of motion to expedite filed.
- Jun 20 2025Motion of petitioners to expedite consideration of the petition for a writ of certiorari before judgment DENIED.
- Jun 18 2025Response to motion from respondents Donald J. Trump, President of the United States, et al. filed.
- Jun 18 2025Brief amicus curiae of Washington Legal Foundation filed.
- Jun 17 2025Petition for a writ of certiorari before judgment filed. (Response due July 17, 2025)
- Jun 17 2025Motion to expedite consideration of the petition for a writ of certiorari before judgment filed by petitioners Learning Resources, Inc., et al.