V.O.S. Selections, Inc. v. Donald J. Trump
1:25-cv-00066
Ct. Intl. TradeJun 3, 2025Background
- Plaintiffs, including both private entities and several U.S. states, challenged specific executive Tariff Orders and modifications, arguing they were beyond the government's lawful authority (ultra vires).
- The U.S. Court of International Trade (CIT) granted summary judgment in favor of plaintiffs, declaring the Tariff Orders unlawful and enjoining their enforcement.
- The court found an injunction was appropriate due to the lack of a complete legal remedy through piecemeal duty refunds and highlighted the public interest in requiring government compliance with the law.
- The court asserted exclusive jurisdiction under 28 U.S.C. § 1581(i), describing the challenged Tariff Orders as binding "laws" relating to tariff assessment.
- The United States government moved to stay enforcement of the CIT's judgment pending an appeal to the Federal Circuit.
- The Federal Circuit issued an administrative stay of the CIT's judgment while considering the appeal, prompting the CIT to hold its own consideration of the stay motions in abeyance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of Tariff Orders | Orders are beyond executive authority (ultra vires) | Orders are within executive’s statutory power | Orders are ultra vires and cannot be enforced |
| Adequacy of Legal Remedy | Piecemeal duty refunds are insufficient | Refunds are a sufficient remedy | Legal remedy inadequate; injunctive relief appropriate |
| Court's Jurisdiction under § 1581(i) | Tariff Orders are "laws" for CIT jurisdiction | Jurisdiction should be in district courts | CIT holds exclusive jurisdiction over tariff disputes |
| Stay Pending Appeal | No basis for stay; public interest favors enforcement | Stay needed to prevent harm during appeal | CIT defers; Federal Circuit's stay controls |
Key Cases Cited
- Am. Signature, Inc. v. United States, 598 F.3d 816 (Fed. Cir. 2010) (public interest includes ensuring government acts lawfully)
- Old Dominion Branch No. 496, Nat. Ass’n of Letter Carriers, AFL-CIO v. Austin, 418 U.S. 264 (1974) (executive orders can qualify as "federal law" for certain purposes)
- Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952) (ultra vires executive action can be enjoined)
- K Mart Corp. v. Cartier, Inc., 485 U.S. 176 (1988) (explains need for consistent judicial jurisdiction in trade cases)
- Orleans Int’l, Inc. v. United States, 334 F.3d 1375 (Fed. Cir. 2003) (overlapping federal court jurisdiction in trade matters)
- Conoco, Inc. v. U.S. Foreign-Trade Zones Bd., 18 F.3d 1581 (Fed. Cir. 1994) (CIT intended to ensure uniformity in trade law)
