by Dennis Crouch
The Federal Circuit today issued a detailed scheduling order expedited resolution of the constitutional challenge to President Trump's global tariff program. V.O.S. Selections, Inc. v. Trump, Nos. 2025-1812, 2025-1813 (Fed. Cir. June 13, 2025). The per curiam order, issued by all participating active judges sitting en banc (excluding Judge Newman), establishes a six-week briefing schedule culminating in oral arguments on July 31, 2025—less than two months after the Court of International Trade's permanent injunction against the tariffs. The court allocated 45 minutes per side for oral argument, double the typical time, signaling recognition of the case's exceptional constitutional significance.
The case consolidates two separate CIT cases - one filed by commercial actors led by V.O.S. and the other led by the State of Oregon. The scheduling order explicitly authorized separate response briefs for the two plaintiff groups, rather than requiring coordination. The order also permits amicus participation by waiving the usual consent and leave requirements -- there will likely be extensive third-party briefing.
Although the CIT issued a permanent injunction against President Trump's tariffs, earlier this week the Federal Circuit issued an emergency stay pending resolution of the appeal. This means that the White House can move forward with its tariffs.
Timeline for the appeal:
- Opening brief by US and any supporting amici: June 24.*
- Responsive briefs by V.O.S. and Oregon and any supporting Amici: July 8.
- Reply: July 18.
- Full Appendix: July 23.
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