V.O.S. Selections, Inc. v. Trump

On April 14, the Liberty Justice Center along with co-counsel, Ilya Somin, law professor at Scalia Law School, George Mason University, filed a lawsuit challenging the Trump Administration’s authority to unilaterally issue the “Liberation Day” tariffs, which are devastating small businesses across the country. The lawsuit argues that the Administration has no authority to issue across-the-board worldwide tariffs without congressional approval.

The lawsuit, filed in the U.S. Court of International Trade, highlights the unprecedented nature of the tariffs, including a global 10% tariff on nearly all imports, with additional higher tariffs targeting dozens of countries based on dubious calculations of foreign trade barriers.

The President invoked the International Emergency Economic Powers Act (IEEPA) to justify the “Liberation Day” tariffs, as well as the tariffs on Mexico, Canada, and China. But under that law, the President may invoke emergency economic powers only after declaring a national emergency in response to an “unusual and extraordinary threat” to national security, foreign policy, or the U.S. economy originating outside of the United States. The lawsuit argues that the Administration’s justification— a trade deficit in goods—is neither an emergency nor an unusual or extraordinary threat. Trade deficits have existed for decades, and do not constitute a national emergency or threat to security. Moreover, the Administration imposed tariffs even on countries with which the U.S. does not have a trade deficit, further undermining the Administration’s justification.

And, as the Liberty Justice Center’s Complaint explains, IEEPA does not authorize the President to impose across-the-board tariffs—it does not even authorize tariffs at all. Even if the IEEPA did attempt to extend such power to the President, that would be an unconstitutional delegation of Congress’s power to impose tariffs.

The case is filed on behalf of five owner-operated 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 secured 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.

After the U.S. Court of Appeals for the Federal Circuit granted a motion by the Trump Administration to temporarily stay that injunction pending appeal, the Liberty Justice Center announced that leading appellate lawyers and constitutional scholars Michael McConnell and Neal Katyal and their law firms have joined V.O.S. Selections, Inc. v. Trump, signing on as co-counsel in the lawsuit.

The Liberty Justice Center filed a response brief with the U.S. Court of Appeals for the Federal Circuit on July 8.

Oral arguments in the government’s appeal are scheduled for July 31 at 10 am EDT before the U.S. Court of Appeals for the Federal Circuit. The arguments will be available via livestream here. Following the hearing, the Liberty Justice Center will host a media roundtable to discuss next steps in the case and answer questions from members of the press. To RSVP for the roundtable, visit the Liberty Justice Center’s media reservations page here.

V.O.S. Selections, Inc. v. Trump was filed in the U.S. Court of International Trade on April 14, 2025.