WHAT: Today at 10 A.M. EST, the U.S. Supreme Court announced its decision in V.O.S. Selections v. Trump, the Liberty Justice Center’s legal challenge to the Trump Administration’s devastating “Liberation Day” tariffs. Oral arguments were heard November 5th, and today the Supreme Court has ruled to strike down the tariffs.
Following today’s decision, the Liberty Justice Center will host a 2:00 P.M. EST media roundtable to discuss the results of the case and next steps.
WHO: The Liberty Justice Center’s Director of Litigation, Jeffrey Schwab, lead plaintiff and Founder/President of V.O.S. Selections, Victor Schwartz, Vice President of the Cato Institute, Scott Lincicome, and Executive Director of We Pay the Tariffs, Dan Anthony.
WHEN: 2 P.M. EST, February 20, 2026
WHERE: Media Roundtable Zoom Link
HOW: Members of the press can register for this online media roundtable here.
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 September 9.
The U.S. Supreme Court granted certiorari, and oral arguments took place November 5, 2025, at 10 A.M. EST. Recordings can be found on the Supreme Court website, here, and the transcript is available here.
The case presented a historic separation‑of‑powers question: whether the International Emergency Economic Powers Act (IEEPA) authorizes the president to unilaterally impose tariffs, and if so, whether that authorization violates the Constitution’s separation of powers.
Today’s decision held that IEEPA does not authorize the President to impose tariffs. IEEPA does not represent a transformational expansion of the President’s authority over tariff policy.
V.O.S. Selections, Inc. v. Trump was filed in the U.S. Court of International Trade on April 14, 2025, and the Justices issued an opinion on February 20, 2026.