Supreme Court Declines to Expedite Review of Tariff Litigation

July 4, 2025

Tariff litigation update: On June 20, 2025, the U.S. Supreme Court denied a motion by Learning Resources, Inc. to expedite consideration of a petition for writ of certiorari before judgement in their challenge to the authority of Trump Administration to impose broad tariffs under the International Emergency Economic Powers Act (IEEPA). Therefore, the tariffs will remain in place while the tariff litigation proceeds to the appealate court. There are two key ongoing cases challenging the Trump Administration’s authority to issue the recent tariffs under the IEEPA.

Key Tariff Litigation Cases

1. V.O.S. Selections, Inc. v. United States (Court of International Trade → Federal Circuit)

  • Lower court (CIT): On May 28, 2025, the U.S. Court of International Trade invalidated the IEEPA-based tariff orders and permanently enjoined their enforcement.
  • Appeal to Federal Circuit: The government promptly appealed and on May 29 the Federal Circuit issued an emergency stay, keeping the tariffs in effect during the appeal.
  • Upcoming schedule: An expedited en banc hearing is slated for July 31, 2025.

2. Learning Resources, Inc. v. Trump (D.C. District Court → D.C. Circuit)

  • District court: On May 29, Judge Contreras found the IEEPA tariffs unlawful and issued a preliminary injunction against their enforcement for the two toy companies, stayed for 14 days to allow appeal.
  • Appeal to D.C. Circuit: The case was immediately appealed, and the D.C. Circuit has maintained the stay, so the tariffs remain in effect.
  • Expedited status requested: The plaintiffs filed an unopposed motion to fast-track the appellate review on June 5, 2025.
  • Supreme Court petition filed: On June 18, Learning Resources and hand2mind sought a “certiorari before judgment”—asking the Supreme Court to skip the appeals court and rule directly.
  • Supreme Court decision: On June 20, the Court declined to intervene, meaning the appeal will continue in the D.C. Circuit under the normal route.

The outcome of the these tariff litigation cases will have enormous consequences for importers and exporters to the United States.

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