by Dennis Crouch
In my prior posts about the Federal Circuit's V.O.S. Selections decision, I suggested the Trump administration may "slow-walk the petition for certiorari while continuing to disrespect the judgement made by both the trial and appellate courts." I was wrong. Rather, the administration has already petitioned for certiorari and requested expedited consideration, filing just days after the Federal Circuit's August 29 decision. The petition frames this as an existential economic crisis, with Treasury Secretary Bessent declaring that tariffs are critical to save an America at "the brink of a major economic and national-security catastrophe."
- Trump_v._VOS_petition
- Dennis Crouch, Marbury in the Trade Context: CAFed Declares Trump’s Tariffs Illegal, but Limits Relief, Patently-O (Aug. 29, 2025).
- Dennis Crouch, Remedial Restraint and the Rule of Law: When Courts Find Violations But Limit Relief, Patently-O (Sept. 2, 2025).
Although obviously always unpredictable, I expect the Supreme Court will grant certiorari and will reverse the Federal Circuit's judgment that the Tariffs went beyond the statutory delegation of authority.