On April 18, the Liberty Justice Center filed an application for a temporary restraining order and motion for preliminary injunction to immediately stop the enforcement of the so-called “Liberation Day” tariffs. The tariffs, which have been imposed on a range of imported goods, are causing significant harm to small businesses across the United States.
The motion, filed on behalf of five small businesses represented by the Liberty Justice Center in V.O.S Selections, Inc. v. Trump, argues that these businesses will suffer irreparable harm if the tariffs remain in effect. The filing also argues that the plaintiffs are likely to succeed on the merits of their case. Additionally, the motion provides the court with the option to treat it as a motion for summary judgment and issue a permanent injunction.
“These tariffs are devastating small businesses,” said Jeff Schwab, an attorney with the Liberty Justice Center. “We are asking the court to act swiftly to declare these tariffs unlawful and protect these businesses from further harm.”
The Liberty Justice Center’s lawsuit challenges the legality of the tariffs. 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.
The court’s decision on the temporary restraining order will have significant implications for small businesses nationwide, many of which rely on imported goods to sustain their operations.
V.O.S. Selections Inc. v. Trump was filed in the Court of International Trade on April 14, 2025.
The legal filings in V.O.S. Selections Inc. v. Trump are available here.
The Temporary Restraining Order can be found here.