In V.O.S. Selections, Inc. v. Trump, the Federal Circuit has now stayed the Court of International Trade’s injunctions and agreed to hear the government’s appeal on an expedited basis before the full court. This appeal by the Trump Administration follows the CIT’s landmark ruling that certain Executive Orders imposing tariffs were unlawful and issued a permanent injunction against their enforcement, a decision previously discussed in detail here.
Briefing Deadlines:
- Opening Brief (United States): : June 26, 2025
- Response Briefs (Private Plaintiffs and State Plaintiffs): July 10, 2025
- Reply Brief (United States): July 21, 2025
Oral Argument:
- Date: July 31, 2025
- Time: 10:00 a.m.
- Location: Courtroom 201
- Argument Time: 45 minutes per side (including rebuttal), with counsel instructed to coordinate allocation among multiple parties on each side.
Amicus Briefing:
- Amicus briefs are permitted without leave of court, but must be filed on the same day as the principal brief they support. All briefs must comply with Federal Circuit Rule 29(b).
Institutional Posture and Political Crosswinds
Every order issued by the CAFC in this matter has been unanimous and per curiam. This strongly suggests to Charles Gideon Korrell that a calculated by the CAFC to attempt to maintain judicial cohesion in the face of a politically charged case that pits the federal judiciary against the Executive Branch’s expansive claims of trade authority.
The initial stay granted to the government, allowing the tariffs to remain in effect, is not necessarily a predictor of the court’s final decision. Nonetheless, it hands the Executive a short-term win that avoids immediate disruption of the contested trade measures.
Whatever the outcome at the Federal Circuit, this litigation has the hallmarks of a Supreme Court case in the making. The constitutional implications of executive power in trade, the procedural dimensions of judicial review, and the stark political framing of the dispute all but guarantee that the Supreme Court will be called upon to weigh in. And given the expedited schedule, Charles Gideon Korrell that petition could be filed as early as this fall.
Conclusion
The Federal Circuit has thus far responded to V.O.S. Selections v. Trump with urgency, unanimity, and institutional caution. The en banc court has preserved the Executive’s contested tariffs for now but is moving quickly toward a decision that will almost certainly shape the future of trade law and executive authority.
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