SCOTUS to Decide Cert Petition in IEEPA Tariff Suit at Sept. 29 Conference
A petition from two importers for the Supreme Court to review whether the International Emergency Economic Powers Act allows for tariffs will be considered by the high court on Sept. 29. After briefing concluded on whether the Supreme Court should take up the case, the matter was distributed for the court's Sept. 29 conference, where it will determine which cases make up its October 2025 term (Learning Resources v. Donald J. Trump, Sup. Ct. # 24-1287).
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The importers Learning Resources and Hand2Mind filed the petition despite the fact that their case is still pending before the U.S. Court of Appeals for the D.C. Circuit. The Supreme Court previously declined to review the importers' certiorari petition on an expedited basis (see 2506200018).
Filing a reply brief Aug. 5 in further support of their cert petition, Learning Resources and Hand2Mind said the high court may need to take up their case before judgment at the D.C. Circuit to hear it in tandem with the lead lawsuit on the IEEPA tariffs (see 2508050037).
The lead IEEPA tariff case, which was brought by 12 U.S. states and five importers, is before the U.S. Court of Appeals for the Federal Circuit. CAFC held oral argument in the case July 31 (see 2507310058), while oral argument in Learning Resources’ and Hand2Mind’s case won't be heard by the D.C. Circuit until Sept. 30. The importers said it's "very possible" the Federal Circuit will issue an opinion before the D.C. Circuit even holds oral argument, and the losing party in the CAFC case, V.O.S. Selections v. Trump, will quickly seek Supreme Court review.