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Amicus Briefs

V.O.S. Selections, Inc., et al. v. Trump

NCLA urges the Supreme Court to rule that President Trump’s orders imposing tariffs under the International Emergency Economic Powers Act (IEEPA) are unlawful. As NCLA has argued since the beginning in Simplified v. Trump, the first lawsuit ever against the IEEPA tariff orders, IEEPA never mentions tariffs or authorizes the President to enact them in declared emergencies. Representing Simplified, Kilo Brava, Bambola, Rokland, FIREDISC, and the Game Manufacturers Association (GAMA)—clients in Simplified and the similar FIREDISC v. Trump lawsuit—NCLA asks the Supreme Court to stop the illegal tariffs for good.

The President does not have any inherent authority to impose tariffs unilaterally. The U.S. Court of Appeals for the Federal Circuit ruled in V.O.S. Selections that IEEPA does not authorize the specific tariffs President Trump has enacted.  A concurrence in that case held that all such tariffs are unlawful, and the U.S. District Court for the District of Columbia reached the same conclusion in Learning Resources. The Supreme Court must adopt the view of the V.O.S. Selections concurrence and the Learning Resources ruling, determining that IEEPA does not give the President any tariff power at all. The Justices should also rule that federal district courts have jurisdiction to hear these cases, since IEEPA is not a tariff statute.

Andrew Morris
Senior Litigation Counsel
John J. Vecchione
Senior Litigation Counsel
Mark Chenoweth
President and Chief Legal Officer
NCLA FILINGS

Brief of Emily Ley Paper, Inc., D/B/A Simplified; Kilo Brava LLC; Bambola LLC; Rokland LLC; FIREDISC, Inc.; The Game Manufacturers Assoc.; and the New Civil Liberties Alliance as Amici Curiae in Support of Petitioners in No. 24-1287 and Respondents in No. 25-250

October 24, 2025 | Read More

Rule 28(j) Letter of the U.S. Department of Justice

August 29, 2025 | Read More

Decision of the U.S. Court of Appeals for the Federal Circuit

August 29, 2025 | Read More

Brief of the New Civil Liberties Alliance as Amicus Curiae in Support of Plaintiffs-Appellees

July 8, 2025 | Read More

PRESS RELEASES

In NCLA Amicus Win, en Banc Federal Circuit Rules Trump’s Emergency Tariffs Are Unlawful

August 29, 2025 | Read More

NCLA Asks Federal Circuit to Find All Emergency Tariffs Unlawful

July 9, 2025 | Read More

IN THE MEDIA

Looking Ahead: October Term 2025

September 19, 2025

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