Statement: Liberty Justice Center Responds Following U.S. Supreme Court Oral Arguments in “Liberation Day” Tariffs Challenge

November 5, 2025

Today, the U.S. Supreme Court heard oral arguments in Liberty Justice Center’s legal challenge to the Trump Administration’s unconstitutional and economically devastating “Liberation Day” tariffs. Following the arguments, Liberty Justice Center’s chairman of the board, Sara Albrecht, leading appellate lawyer and constitutional scholar, Neal Katyal, and plaintiff and small business owner, Victor Owen Schwartz, issued statements on the steps of the Supreme Court regarding V.O.S. Selections, Inc. v. Trump.

Sara Albrecht: “I’m Sara Albrecht, chair of the Liberty Justice Center. The Liberty Justice Center is proud to have brought this case to challenge the unlawful and unconstitutional tariffs that are devastating small businesses around the country. Like all Americans, we are endowed with the right to take our government to court when it violates the law or defies the Constitution. In this case, it did both.

These unilateral tariffs, imposed without Congressional authorization, are unlawful. IEEPA does not permit a president to issue the kind of sweeping, arbitrary tariffs at issue in this case. They are also unconstitutional. Tariffs are taxes, and the Constitution grants only Congress, not the President, the power to tax Americans. Our founders designed a system of separated powers to prevent exactly this kind of unilateral, lawless action.

We thank the Court for their time and look forward to the resolution of this matter.”

Neal Katyal: “We appreciate the opportunity to present our case to the Supreme Court today. The justices asked tough, fair, and thoughtful questions.

Our message today is simple. The Constitution, the Framers, and our nation’s 250 years of history are clear: Only Congress has the power to impose taxes on Americans. And tariffs are taxes on Americans, paid by Americans. This case is not about the president, it’s about the presidency. It’s not about partisanship, it’s about principle. Above all, it’s about upholding the separation of powers that is the foundation of our government.

We thank the justices for their time today and look forward to the resolution of this case.”

Victor Owen Schwartz: “I’m Victor Owen Schwartz, founder of V.O.S. Selections. For nearly 40 years, my family has built this business from the ground up. Today, reckless tariffs threaten everything we’ve achieved.

Let’s be clear: these tariffs aren’t paid by foreign governments or companies. It’s American businesses like mine, and American consumers, that are footing the bill for the billions of dollars collected monthly by our government. Unlike past tariffs set by Congress that we could plan around, these new tariffs are arbitrary. They’re unpredictable. And they’re bad business. They’ve thrown my family’s business – and thousands of others – into chaos. The pain has been felt across the country from warehouse workers and truckers to retailers and restaurants.

That’s why I joined this lawsuit. I was shocked that those with more power and money did not step up. The reason I was able to file this case is because the Liberty Justice Center did step up and offered 100% pro bono legal services to me and other affected small businesses. When I was given the chance to speak up for small American businesses, I took it. I had to. Our very survival is at stake.

I’m grateful to the Liberty Justice Center and our legal team for their vigorous advocacy, and I urge the Court to recognize the real harm these tariffs inflict on American families and businesses.”

All legal filings in V.O.S. Selections, Inc. v. Trump can be found here.

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