Supreme Court of the United States · Official docket →
Donald J. Trump, President of the United States, et al. v. V.O.S. Selections, Inc., et al.
Paid petition · United States Court of Appeals for the Federal Circuit, No. 2025-1812, 2025-1813 · judgment August 29, 2025
Before the decision, about 14.6× the 4.1% base rate. The model weighted this up for a federal-government petitioner, a petition filed soon after the judgment below, and counsel who has won certiorari before, and down for a business respondent.
Questions presented
Consolidated with 24-1287.
-
Whether the International Emergency Economic Powers Act (IEEPA), Pub. L. No. 95- 223, Tit. II, 91 Stat. 1626, authorizes the tariffs imposed by President Trump pursuant to the national emergencies declared or continued in Proclamation 10,886 and Executive Orders 14,157, 14,193, 14,194, 14,195, and 14,257, as amended.
-
If IEEPA authorizes the tariffs, whether the statute unconstitutionally delegates legislative authority to the President. THE MOTION TO EXPEDITE AND THE PETITION FOR A WRIT OF CERTIORARI ARE GRANTED.
Counsel of record
For petitioner
D. John Sauer
Solicitor General
For respondent
Benjamin Noah Gutman
Oregon Department of Justice
Case
Conference history
—
Amicus briefs
1 merits
(1 supporting pet./neither)
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 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.
- 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.
- Sep 30 2025CIRCULATED
- Sep 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.
- Sep 21 2025Amicus brief of Corey J. Biazzo, Esq. not accepted for filing. (September 23, 2025)
- Sep 18 2025SET FOR ARGUMENT on Wednesday, November 5, 2025. VIDED.
- Sep 12 2025Record received electronically from the United States Court of Appeals for the Federal Circuit and available with the Clerk.
- Sep 10 2025Record requested from the United States Court of Appeals for the Federal Circuit.
- Sep 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.
- 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 08 2025Brief amici curiae of Advancing American Freedom, et al. filed.
- Sep 08 2025Brief of State Respondents in support filed.
- Sep 05 2025Memorandum of respondents V.O.S. Selections, Inc., et al. filed.
- Sep 03 2025Petition for a writ of certiorari filed. (Response due October 6, 2025)
- Sep 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.