Supreme Court Considers Challenges to Trump Tariffs
The Supreme Court is currently considering challenges to tariffs imposed by the Trump administration, stemming from lawsuits brought by Learning Resources and hand2mind, as well as V.O.S. Selections.
Initially, a district court issued a limited order preventing the enforcement of the tariffs specifically against Learning Resources and hand2mind. Though, the government appealed this decision, and the ruling was put on hold pending the outcome of that appeal.
On June 17th, Learning Resources and hand2mind petitioned the Supreme Court to review the case directly, bypassing the U.S. Court of Appeals for the District of Columbia Circuit – a process known as seeking “cert before judgment.” The companies argued the Supreme Court would ”inevitably” need to address the legality of the tariffs, emphasizing their “massive impact on virtually every business and consumer across the Nation, and the unremitting whiplash caused by the unfettered tariffing power the President claims.” They requested expedited consideration before the court’s summer recess, but this request was denied.
The justices will now consider the companies’ petition for review at a private conference on September 29th, with a decision on whether to hear the case potentially coming that same week.
The Trump administration has urged the Court to refrain from intervening at this stage. Their argument centers on the claim that the district court lacked jurisdiction in the case – asserting it should have been heard in the Court of International Trade (CIT) – and that the D.C. circuit and the federal Circuit are already expediting their review of the government’s appeals.
Experts anticipate that the losing party in the appeals court rulings – either the Trump administration or the companies – will petition the Supreme Court for review. The administration itself suggested that the case brought by V.O.S. Selections might be a more suitable vehicle for the Court to address the tariffs’ legality,as the government contends that case was filed in the correct court.
Despite the uncertainty,many court observers believe the Supreme court is likely to take up at least one of the cases,potentially issuing a decision by next summer.
This article is based on information originally published on SCOTUSblog on August 25, 2025.
