WHAT: Tomorrow, the U.S. Supreme Court will hear oral arguments in the Liberty Justice Center’s legal challenge to the Trump Administration’s unconstitutional and devastating “Liberation Day” tariffs.
Additionally, following the 10:00 am EST arguments, the Liberty Justice Center will release a statement on the courthouse steps of the Supreme Court.
WHO: The Liberty Justice Center’s Director of Litigation, Jeffrey Schwab, and co-counsel, leading appellate lawyers and constitutional scholars Judge Michael W. McConnell and Neal Katyal.
WHEN: 10:00 AM EST, Wednesday, November 5, 2025.
WHERE: U.S. Supreme Court
1 First St NE,
Washington, DC 20543
HOW: A livestream of the oral arguments will be available to the press and public on the U.S. Supreme Court’s official website, available here. Recordings of the arguments will be available here, and transcripts will be available here following the hearing.
ISSUE BACKGROUND: On April 14, the Liberty Justice Center filed a lawsuit challenging the Trump Administration’s “Liberation Day” tariffs. The lawsuit argues that the International Emergency Economic Powers Act (IEEPA) does not grant the President the authority to impose across-the-board tariffs—and that even if the legislation attempted to grant that authority, it would be an unconstitutional violation of the separation of powers because only Congress has authority to levy tariffs.
The case was filed on behalf of five owner-operated American small businesses who have been severely harmed by the tariffs and highlights the human and economic toll of unchecked executive power: V.O.S. Selections, FishUSA, Genova Pipe, MicroKits LLC, and Terry Precision Cycling.
On May 28, the Liberty Justice Center celebrated a major legal victory when the U.S. Court of International Trade issued a unanimous decision finding the tariffs illegal and issuing a permanent injunction banning their enforcement.
The U.S. Court of Appeals for the Federal Circuit temporarily stayed that injunction pending appeal. On July 8, the Liberty Justice Center filed its response brief at the Federal Circuit, and oral arguments were held on July 31. Following the decision, the federal government petitioned for Supreme Court review which was on
The case presents a historic separation‑of‑powers question: whether a president can unilaterally tax the nation via emergency powers, or whether the Constitution’s taxing and tariff authority remains with Congress.
V.O.S. Selections, Inc. v. Trump was filed in the U.S. Court of International Trade on April 14, 2025.