Case: V.O.S. Selections, Inc. v. Trump

V.O.S. v. Trump

V.O.S. Selections, Inc. v. Trump 1:25-cv-00066

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the District of Columbia Circuit

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

U.S. Court of Appeals for the Federal Circuit

President Donald Trump

President Donald Trump

President Donald Trump

President Donald Trump

President Donald Trump

Summons . Filed by Jeffrey Michael Schwab of Liberty Justice Center on behalf of All Plaintiffs. (Schwab, Jeffrey) (Entered: 04/14/2025)

Complaint against All Defendants. Answer due by 6/13/2025. Filed by Jeffrey Michael Schwab of Liberty Justice Center on behalf of All Plaintiffs.(Schwab, Jeffrey) (Entered: 04/14/2025)

Form 5 Information Statement . Filed by Jeffrey Michael Schwab of Liberty Justice Center on behalf of All Plaintiffs. (Schwab, Jeffrey) (Entered: 04/14/2025)

Form 11 Notice of Appearance . Filed by Jeffrey Michael Schwab of Liberty Justice Center on behalf of All Plaintiffs.(Schwab, Jeffrey) (Entered: 04/14/2025)

Form 13 Corporate Disclosure Statement for all Plaintiffs. Filed by Jeffrey Michael Schwab of Liberty Justice Center on behalf of All Plaintiffs. (Schwab, Jeffrey) (Entered: 04/14/2025)

Form 11 Notice of Appearance . Filed by Bridget F. Conlan of Liberty Justice Center on behalf of All Plaintiffs.(Conlan, Bridget) (Entered: 04/14/2025)

Certificate of service . Filed by Bridget F. Conlan of Liberty Justice Center on behalf of All Plaintiffs. (Conlan, Bridget) (Entered: 04/14/2025)

Order entered on 4/16/2025 assigning action to Judges Gary S. Katzmann, Timothy M. Reif and Jane A. Restani.(Swindell, Stephen) (Entered: 04/16/2025)

Form 11 Notice of Appearance . Filed by Sosun Bae of U.S. Department of Justice on behalf of All Defendants.(Bae, Sosun) (Entered: 04/17/2025)

Application/Motion for temporary restraining order, Application/Motion for preliminary injunction and or Summary Judgment for Permanent Injunction . Responses due by 4/21/2025. Filed by Bridget F. Conlan of Liberty Justice Center on behalf of All Plaintiffs.(Conlan, Bridget) Modified on 4/18/2025 (Swindell, Stephen). (Entered: 04/18/2025)

Order entered on 4/18/2025 PAPERLESS ORDER - The Defendants are directed to file a response to Plaintiffs' Application for Temporary Restraining Order in the above captioned matter by close of business, Monday April 21, 2025. By the Panel (Swindell, Stephen) (Entered: 04/18/2025)

Response in Opposition to Motion for Temporary Restraining Order (related document(s) 10 ). Filed by Sosun Bae of U.S. Department of Justice on behalf of All Defendants.(Bae, Sosun) (Entered: 04/21/2025)

Order entered on 4/22/2025: Upon consideration of Plaintiffs' Application for a Temporary Restraining Order, April 18, 2025, ECF No. 10, Defendants' response thereto, April 21, 2025, ECF No. 12, and all other pertinent papers, and upon a determination that Plaintiffs have not clearly shown a likelihood that immediate and irreparable harm would occur before consideration of their Motion for Preliminary Injunction, April 18, 2025, ECF No. 10, it is hereby ORDERED that Plaintiffs' Application is DENIED. Defendants are directed to file a combined response to Plaintiffs' Motions for Preliminary Injunction and Summary Judgment, April 18, 2025, ECF No. 10, no later than close of business on April 29, 2025. This response shall be filed as a single document of no more than 14,000 words, and shall fully set forth all legal arguments relevant to Defendants' opposition to the entry of summary judgment in favor of Plaintiffs. Plaintiffs are directed to file a combined reply of no more than 10,000 words to all of Defendants' responsive filings no later than close of business on May 6, 2025. This reply shall also be filed as a single document. A hearing on all then-pending motions will take place at 11:00 a.m. in Courtroom 1 of the James L. Watson Courthouse on May 13, 2025. (Goell, Geoffrey) (Entered: 04/22/2025)

Form 11 Notice of Appearance . Filed by George Allen, Steven Calabresi, Joshua Claybourn, John C. Danforth, Richard Epstein, Charles Hagel, Harold Hongju Koh, Gerard Magliocca, Michael McConnell, Michael Mukasey, Alan Sykes, John Daniel Tinder, Peter Wallison, Philip Zelikow of Crowell & Moring, LLP George Allen, Steven Calabresi, Joshua Claybourn, John C. Danforth, Richard Epstein, Charles Hagel, Harold Hongju Koh, Gerard Magliocca, Michael McConnell, Michael Mukasey, Alan Sykes, John Daniel Tinder, Peter Wallison, Philip Zelikow.(Bukowski, Weronika) (Entered: 04/23/2025)

Form 13 Corporate Disclosure Statement . Filed by Weronika Bukowski of Crowell & Moring, LLP on behalf of George Allen. (Bukowski, Weronika) (Entered: 04/23/2025)

Form 13 Corporate Disclosure Statement . Filed by Weronika Bukowski of Crowell & Moring, LLP on behalf of Alan Sykes. (Bukowski, Weronika) (Entered: 04/23/2025)

Form 13 Corporate Disclosure Statement . Filed by Weronika Bukowski of Crowell & Moring, LLP on behalf of Charles Hagel. (Bukowski, Weronika) (Entered: 04/23/2025)

Form 13 Corporate Disclosure Statement . Filed by Weronika Bukowski of Crowell & Moring, LLP on behalf of Gerard Magliocca. (Bukowski, Weronika) (Entered: 04/23/2025)

Form 13 Corporate Disclosure Statement . Filed by Weronika Bukowski of Crowell & Moring, LLP on behalf of Harold Hongju Koh. (Bukowski, Weronika) (Entered: 04/23/2025)

Form 13 Corporate Disclosure Statement . Filed by Weronika Bukowski of Crowell & Moring, LLP on behalf of John C. Danforth. (Bukowski, Weronika) (Entered: 04/23/2025)

Form 13 Corporate Disclosure Statement . Filed by Weronika Bukowski of Crowell & Moring, LLP on behalf of John Daniel Tinder. (Bukowski, Weronika) (Entered: 04/23/2025)

Form 13 Corporate Disclosure Statement . Filed by Weronika Bukowski of Crowell & Moring, LLP on behalf of Joshua Claybourn. (Bukowski, Weronika) (Entered: 04/23/2025)

Form 13 Corporate Disclosure Statement . Filed by Weronika Bukowski of Crowell & Moring, LLP on behalf of Michael Mukasey. (Bukowski, Weronika) (Entered: 04/23/2025)

Form 13 Corporate Disclosure Statement . Filed by Weronika Bukowski of Crowell & Moring, LLP on behalf of Michael McConnell. (Bukowski, Weronika) (Entered: 04/23/2025)

Form 13 Corporate Disclosure Statement . Filed by Weronika Bukowski of Crowell & Moring, LLP on behalf of Peter Wallison. (Bukowski, Weronika) (Entered: 04/23/2025)

Form 13 Corporate Disclosure Statement . Filed by Weronika Bukowski of Crowell & Moring, LLP on behalf of Philip Zelikow. (Bukowski, Weronika) (Entered: 04/23/2025)

Form 13 Corporate Disclosure Statement . Filed by Weronika Bukowski of Crowell & Moring, LLP on behalf of Richard Epstein. (Bukowski, Weronika) (Entered: 04/23/2025)

Form 13 Corporate Disclosure Statement . Filed by Weronika Bukowski of Crowell & Moring, LLP on behalf of Steven Calabresi. (Bukowski, Weronika) (Entered: 04/23/2025)

Motion to appear as amicus curiae . Responses due by 5/14/2025. Filed by Weronika Bukowski of Crowell & Moring, LLP on behalf of Philip Zelikow, Peter Wallison, John Daniel Tinder, Alan Sykes, Michael Mukasey, Michael McConnell, Gerard Magliocca, Harold Hongju Koh, Charles Hagel, Richard Epstein, John C. Danforth, Joshua Claybourn, Steven Calabresi, George Allen. (Attachments: # 1 Brief)(Bukowski, Weronika) (Entered: 04/23/2025)

1 Brief

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Paperless Order entered on 4/28/2025: Upon consideration of the motion of proposed amici curiae for leave to file a Brief of Amici Curiae Constitutional Scholars, Retired Judges, and Former Public Officials in support of Plaintiffs, April 23, 2025, ECF No. 29, it is hereby ORDERED by the panel that the motion is granted; and it is further ORDERED that the proposed brief is accepted for filing; and it is further ORDERED that the movants be permitted to participate in these proceedings as amici curiae. By the Panel. (Goell, Geoffrey) (Entered: 04/28/2025)

Brief of Amici Curiae Constitutional Scholars, Retired Judges, and Former Public Officials deemed filed. (Goell, Geoffrey) (Entered: 04/28/2025)

Response in Opposition to Motion for Summary Judgment and Preliminary Injunction (related document(s) 10 ). Replies due by 5/6/2025. Filed by Sosun Bae of U.S. Department of Justice on behalf of All Defendants.(Bae, Sosun) Modified on 4/30/2025 (Goell, Geoffrey). (Entered: 04/29/2025)

The parties are referred to the scheduling order (ECF No. 10) set forth in Oregon v. Trump, CIT No. 25-00077. (Goell, Geoffrey) (Entered: 04/29/2025)

Paperless Order entered on 5/6/2025: Concerning the hearing scheduled for May 13th, 2025 at 11 AM in Court No. 25-00066, V.O.S. Selections, Inc. et al v. Donald J. Trump et al, the Court is anticipating a fully public proceeding and making provisions to livestream the audio of the proceeding to the public. The parties are to respond to the Case Manager by close of business Wednesday, May 7, 2025 if they anticipate discussing confidential information during the proceeding or have any concerns with audio of the proceeding being livestreamed to the public. By the panel. (Goell, Geoffrey) (Entered: 05/06/2025)

Reply in support of Motion for Preliminary Injunction and Summary Judgment (related document(s) 32 ). Filed by Jeffrey Michael Schwab of Liberty Justice Center on behalf of All Plaintiffs.(Schwab, Jeffrey) (Entered: 05/06/2025)

Form 11 Notice of Appearance for Eric Hamilton. Filed by Sosun Bae of U.S. Department of Justice on behalf of All Defendants.(Bae, Sosun) (Entered: 05/08/2025)

Motion for leave to File an Amici Curiae Brief. Responses due by 5/29/2025. Filed by Oliver James Dunford of Pacific Legal Foundation on behalf of 300 Below, Inc., KingSeal Corporation d/b/a Wesco Enterprises, Inc., Mischief, LLC d/b/a Mischief Toy Store, Princess Awesome, LLC, Upward Glance LLC d/b/a Quent Cordair Fine Art, Rookie Mage Games LLC, Spielcraft Games, LLC, Stonemaier, LLC, Tinkerhouse, Inc., Reclamation Studios LLC d/b/a WitsEnd Mosaic, XYZ Game Labs, Inc.. (Attachments: # 1 Brief Brief of Amici Curiae Princess Awesome, LLC, et. al.)(Dunford, Oliver) (Entered: 05/08/2025)

1 Brief Brief of Amici Curiae Princess Awesome, LLC, et. al.

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Form 13 Corporate Disclosure Statement . Filed by Oliver James Dunford of Pacific Legal Foundation on behalf of XYZ Game Labs, Inc., Reclamation Studios LLC d/b/a WitsEnd Mosaic, Tinkerhouse, Inc., Stonemaier, LLC, Spielcraft Games, LLC, Rookie Mage Games LLC, Upward Glance LLC d/b/a Quent Cordair Fine Art, Princess Awesome, LLC, Mischief, LLC d/b/a Mischief Toy Store, KingSeal Corporation d/b/a Wesco Enterprises, Inc., 300 Below, Inc.. (Dunford, Oliver) (Entered: 05/08/2025)

Motion to appear as amicus curiae . Responses due by 5/29/2025. Filed by Max R. Sarinsky of Institute for Policy at NYU School of Law on behalf of Institute for Policy Integrity. (Attachments: # 1 Brief Proposed Amicus Brief)(Sarinsky, Max) (Entered: 05/08/2025)

1 Brief Proposed Amicus Brief

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Form 11 Notice of Appearance of Oliver J. Dunford, Molly E. Nixon, and Joshua M. Robbins. Filed by Oliver James Dunford of Pacific Legal Foundation on behalf of XYZ Game Labs, Inc., Reclamation Studios LLC d/b/a WitsEnd Mosaic, Tinkerhouse, Inc., Stonemaier, LLC, Spielcraft Games, LLC, Rookie Mage Games LLC, Upward Glance LLC d/b/a Quent Cordair Fine Art, Princess Awesome, LLC, Mischief, LLC d/b/a Mischief Toy Store, KingSeal Corporation d/b/a Wesco Enterprises, Inc., 300 Below, Inc..(Dunford, Oliver) (Entered: 05/08/2025)

Form 11 Notice of Appearance . Filed by Max R. Sarinsky of Institute for Policy at NYU School of Law on behalf of Institute for Policy Integrity.(Sarinsky, Max) (Entered: 05/08/2025)

Form 13 Corporate Disclosure Statement . Filed by Max R. Sarinsky of Institute for Policy at NYU School of Law on behalf of Institute for Policy Integrity. (Sarinsky, Max) (Entered: 05/08/2025)

Order entered on 5/9/2025: Upon consideration of the motion by the Institute for Policy Integrity at New York University School of Law for Leave to File an Amicus Curiae Brief in Support of Plaintiffs' Pending Motion, May 8, 2025, ECF No. 39, it is hereby ORDERED by the panel that the motion is granted; and it is further ORDERED that the proposed brief is accepted for filing. SO ORDERED by the panel (Related Doc # 39 ). (Goell, Geoffrey) (Entered: 05/09/2025)

Brief of Amici Curiae Institute for Policy Integrity deemed filed. (Goell, Geoffrey) (Entered: 05/09/2025)

Information concerning public access of the audio livestream of the hearing scheduled for May 13th, 2025 at 11 AM is available on the Court's website at: https://www.cit.uscourts.gov/upcoming-court-proceedings-accessible-teleconference. (Goell, Geoffrey) (Entered: 05/09/2025)

Form 11 Notice of Appearance . Filed by Reilly Walsh Stephens of Liberty Justice Center on behalf of All Plaintiffs.(Stephens, Reilly) (Entered: 05/12/2025)

Form 11 Notice of Appearance . Filed by Ilya Somin of George Mason University on behalf of All Plaintiffs.(Somin, Ilya) (Entered: 05/12/2025)

Order entered on 5/12/2025: Upon consideration of the motion by Princess Awesome, LLC et al. for Leave to File an Amicus Curiae Brief, May 8, 2025, ECF No. 37, it is hereby ORDERED by the panel that the motion is granted; and it is further ORDERED that the proposed brief is accepted for filing. SO ORDERED by the panel (Related Doc # 37 ). (Goell, Geoffrey) (Entered: 05/12/2025)

Brief of Amici Curiae Princess Awesome, LLC et al deemed filed. (Goell, Geoffrey) (Entered: 05/12/2025)

Hearing held on May 13, 2025 at 11:00 a.m. in CIT Courtroom 1 . (Goell, Geoffrey) (Entered: 05/14/2025)

Form 11 Notice of Appearance for Claudia Burke and Justin Miller. Filed by Justin Reinhart Miller of U.S. Department of Justice on behalf of All Defendants.(Miller, Justin) (Entered: 05/16/2025)

Notice of Supplemental Authority filed. . Filed by Sosun Bae of U.S. Department of Justice on behalf of All Defendants.(Bae, Sosun) (Entered: 05/21/2025)

Notice of Exhibits (related document(s) 35, 32 ). Filed by Claudia Burke of U.S. Department of Justice on behalf of All Defendants. (Burke, Claudia) (Entered: 05/23/2025)

Transcript of Hearing held on 5/13/2025 filed with court. Pursuant to Administrative Order 08-01 re: the redaction of personal data identifiers. Notice of Intent to Redact Deadline due 6/3/2025. Redaction Request due 6/17/2025. Redacted Transcript Deadline set for 6/27/2025. Release of Transcript Restriction set for 8/25/2025. (Goell, Geoffrey) (Entered: 05/27/2025)

Order entered on 5/28/2025, Slip-Op. 25-66: The court grants Plaintiffs' Motions for Summary Judgment and denies Plaintiffs' Motions for Preliminary Injunction as moot. By the panel. (related document(s) 13, 12, 10, 54, 32 ) (Attachments: # 1 Cited Web Page(s)) (Chien, Jason) (Entered: 05/28/2025)

1 Cited Web Page(s)

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Judgment to Slip-Op. 25-66 entered on 5/28/2025: In accordance with the court's opinion of this date, it is hereby ORDERED that Executive Order 14193, Imposing Duties To Address the Flow of Illicit Drugs Across Our Northern Border, 90 Fed. Reg. 9113 (Feb. 1, 2025); Executive Order 14194, Imposing Duties To Address the Situation at Our Southern Border, 90 Fed. Reg. 9117 (Feb. 1, 2025); Executive Order 14195, Imposing Duties To Address the Synthetic Opioid Supply Chain in the People's Republic of China, 90 Fed. Reg. 9121 (Feb. 1, 2025); Executive Order 14257, Regulating Imports with a Reciprocal Tariff to Rectify Trade Practices that Contribute to Large and Persistent Annual United States Goods Trade Deficits, 90 Fed. Reg. 15041 (Apr. 2, 2025) (collectively, the "Challenged Tariff Orders"); and all modifications and amendments thereto; be, and hereby are, declared to be invalid as contrary to law; it is further ORDERED that the operation of the Challenged Tariff Orders and all modifications and amendments thereto be, and hereby is, permanently enjoined; it is further ORDERED that within 10 calendar days necessary administrative orders to effectuate the permanent injunction shall issue; and it is further ORDERED that each party shall bear its own costs. By the panel. (related document(s) 55 ) (Chien, Jason) (Entered: 05/28/2025)

Notice of Appeal of judgment of 05/28/2025 filed. (related document(s) 56, 55 ). Filed by Claudia Burke of U.S. Department of Justice on behalf of All Defendants.(Burke, Claudia) (Entered: 05/28/2025)

Appeal of Slip-Op. 25-66 docketed on 5/28/2025 by the CAFC as appeal no. 2025-1812 (related document(s) 57 ). (Chien, Jason) (Entered: 05/28/2025)

Motion to stay enforcement of judgment pending appeal. Responses due by 6/18/2025. Filed by Sosun Bae of U.S. Department of Justice on behalf of All Defendants.(Bae, Sosun) (Entered: 05/28/2025)

Paperless Order entered on 5/29/2025: ORDERED that by 12 pm ET on May 30, 2025, Plaintiffs shall file a brief of no more than 5,000 words responding to the Government's Motion to Stay Enforcement of Judgment Pending Appeal, May 28, 2025, ECF No. 59. (Goell, Geoffrey) (Entered: 05/29/2025)

Order entered on 5/29/2025 Paperless Order - ORDERED that the courts Order of May 29, 2025, ECF No. 60, is hereby amended; and it is further ORDERED that by 5 pm ET on June 2, 2025, Plaintiffs shall file a brief of no more than 5,000 words responding to the Governments Motion to Stay Enforcement of Judgment Pending Appeal, May 28, 2025, ECF No. 59.(Swindell, Stephen) (Entered: 05/29/2025)

Response to Motion to Stay Enforcement (related document(s) 59 ). Filed by Jeffrey Michael Schwab of Liberty Justice Center on behalf of All Plaintiffs.(Schwab, Jeffrey) (Entered: 06/02/2025)

Response to Motion to Stay Enforcement (related document(s) 59 ). Filed by Jeffrey Michael Schwab of Liberty Justice Center on behalf of All Plaintiffs.(Schwab, Jeffrey) (Entered: 06/02/2025)

Order entered on 6/3/2025: ORDERED that the USCIT Motions to Stay are HELD IN ABEYANCE pending the Federal Circuit's consideration of the Government's motion to stay this court's judgment pending appeal. (Goell, Geoffrey) (Entered: 06/03/2025)

Order from CAFC The motions for a stay pending appeal are granted. See Order. (Goell, Geoffrey) (Entered: 06/11/2025)

Paperless Order entered on 6/16/2025: Upon the Federal Circuit's Order granting a stay of the rulings enjoining certain Executive Orders imposing tariffs, June 11, 2025, ECF No. 64, it is hereby ORDERED that Defendants' Motion to Stay Enforcement of Judgment Pending Appeal, May 28, 2025, ECF No. 59, is DENIED as moot. (Goell, Geoffrey) (Entered: 06/16/2025)

CAFC decision in appeal # 2025-1812, 2025-1813. Decision: AFFIRMED-IN-PART, VACATED-IN-PART, AND REMANDED-IN-PART (related document(s) 58, 64 ). (Swindell, Stephen) (Entered: 08/29/2025)

CAFC Judgment AFFIRMED-IN-PART, VACATED-IN-PART, and REMANDED-IN-PART (related document(s) 66 ). (Swindell, Stephen) (Entered: 08/29/2025)

Order from CAFC The Clerk is directed to withhold issuance of the mandate through October 14, 2025, during which the parties may file a petition for a writ of certiorari in the Supreme Court. If, within that period, any party notifies the Clerk in writing that it has filed a petition for a writ of certiorari, the Clerk is directed to withhold issuance of the mandate pending (1) the Supreme Courts denial of certiorari or (2) a judgment of the Supreme Court if certiorari is granted. While the issuance of the mandate is withheld, the United States Court of International Trade shall take no further action in this case. (related document(s) 66, 67 ). (Swindell, Stephen) (Entered: 08/29/2025)

Order from CAFC ERRATA issued (related document(s) 66 ). (Goell, Geoffrey) (Entered: 09/02/2025)