Case: State of Oregon v. Trump
1:25-cv-00077 | U.S. Court of International Trade
Filed Date: April 23, 2025
Case Ongoing
Clearinghouse coding complete
Case Summary
This case challenged President Trump’s unprecedented use of the International Emergency Economic Powers Act (IEEPA) to unilaterally impose tariffs on imports from Canada, Mexico, China, and 57 other countries, marking the first time in the statute's 50-year history that a President had invoked IEEPA for such a purpose. There were several such cases; this one (along with Learning Resources, Inc. v. Trump, 146 S. Ct. 628 (2026)) was the case in which the Supreme Court decided that the IEEPA invocation was unlawful.
Plaintiffs (twelve U.S. states who unified to form the original legal coalition to challenge the Trump administration's broad emergency tariffs) filed this lawsuit on April 23, 2025, in the U.S. Court of International Trade. The suit named as defendants President Trump, the Department of Homeland Security (DHS) and its Secretary, and U.S. Customs and Border Protection (CBP) and its Acting Commissioner. Plaintiffs stated that no president had ever before cited IEEPA—which was enacted in 1977—to impose tariffs. According to plaintiffs, the powers granted to the president by IEEPA could only be leveraged to respond to "an unusual or extraordinary threat," which did not exist when President Trump instituted the tariffs at issue in February 2025. Additionally, plaintiffs claimed that Article I of the Constitution gave Congress—not the president—the authority to "collect Taxes, Duties, Imposts, and Excises." Thus, plaintiffs alleged that Trump's tariffs violated separation of powers and the Administrative Procedure Act.
Plaintiffs sought to declare that Trump's tariff orders under IEEPA were ultra vires and contrary to law; to set aside CBP's guidance and orders related to the tariffs; to enjoin DHS, CBP, and any other government agencies from effectuating the tariff orders; and to award attorneys' fees. The case was assigned to a three-judge panel consisting of U.S. Court of International Trade Judges Gary S. Katzmann, Timothy M. Reif, and Jane A. Restani.
On May 28, 2025, the court granted summary judgment in favor of plaintiffs and against Trump's tariffs, holding that the tariffs overstepped the authority IEEPA delegated to the president and were not instituted in response to an actual threat, and therefore enjoining them. 772 F.Supp.3d 1350. The same day, defendants appealed to the U.S. Court of Appeals for the Federal Circuit and sought a stay of the injunction.
The Court of Appeals consolidated the government's appeal in this case and in another case, V.O.S. Selections, Inc. v. Trump, in which a similar challenge to Trump's tariffs was brought by a group of private businesses. 2025 WL 1527040. On June 10, 2025, the court of appeals issued a per curiam order staying the lower court's injunctions, so that they did not come into effect. The Court of Appeals found the cases "present[ed] issues of exceptional importance" and moved to hear the appeals en banc and on an expedited basis. 2025 WL 1649290.
On August 29, 2025, the Federal Circuit affirmed the Court of International Trade's decision, agreeing that "IEEPA's grant of presidential authority to 'regulate' imports did not authorize the tariffs imposed by the Executive Orders. 2026 WL 574755.
On September 3, 2025, defendants sought certiorari and moved to expedite consideration with the Supreme Court of the United States. The Supreme Court granted both the petition and motion on September 9, 2025, and consolidated the case with Learning Resources, Inc. v. Trump. Oral argument occurred November 5, 2025.
On February 20, 2026, in a 6-3 decision by Chief Justice Roberts, the Supreme Court held that IEEPA does not authorize the president to impose tariffs. 146 S. Ct. 628 (2026). Chief Justice Roberts (writing for the majority for Parts I, II-A-1, and II-B) applied the major questions doctrine, which requires clear congressional authorization for extraordinary powers, and found that IEEPA's text does not mention tariffs or duties. Id. In other circumstances where Congress had delegated tariff authority, it had done so explicitly with specific limitations. As such, the power to "regulate … importation" did not include the power to tax imports through tariffs. Id. at 636. Last, the Court considered that no president had previously invoked IEEPA to impose tariffs in the statute's 50-year history. Accordingly, the Court ruled that the Federal Circuit's judgment against the tariffs should be affirmed. Id. at 638. Chief Justice Roberts announced the judgment and opinion of the Court with respect to these points, except as to Parts II-A-2 and III.
Justice Gorsuch filed a concurring opinion, defending the major questions doctrine and tracing its historical foundations. Id. at 646–72. Justice Barrett also concurred in a separate opinion, contending that the major questions doctrine "situates text in context" and is therefore best understood as an ordinary application of textualism, rather than its own special canon. Id. at 672–74. Justice Kagan (joined by Justices Sotomayor and Jackson) concurred in part and concurred in the judgment, agreeing that IEEPA did not authorize tariffs but arguing that the ordinary tools of statutory interpretation were sufficient to come to the final judgment; as such, they did not join the part of the opinion invoking the major questions doctrine. Id. at 674–79.
Justice Kavanaugh (joined by Justices Thomas and Alito) dissented, arguing that the power to "regulate ... importation" includes the power to impose tariffs based on text, history, and precedent. Id. at 689–723. The dissent focused on the Nixon-era and Ford-era tariffs, in which the relevant statute did not include the specific language of tariffs but rather more broadly authorized the president to "regulate . . . importation" or to "adjust the imports." Id. at 690. See Federal Energy Administration v. Algonquin SNG, Inc., 426 U. S. 548 (1976). Justice Thomas wrote a separate dissent emphasizing that IEEPA was consistent with the separation of powers as a matter of originalism. Id. at 679.
The case was remanded; returning to the Court of International Trade, the case was first reassigned to Judge Richard K. Eaton, and then stayed until further notice (this same order was entered in several hundred other IEEPA tariff contests).
Days after this case was dismissed, President Trump sought to use a different statute—Section 122 of the Trade Act of 1974 (19 U.S.C. § 2132)—as grounds to enforce these tariffs. The same twelve states responded with a lawsuit seeking summary judgment and injunction. See The State of Oregon v. Trump (1:26-cv-01472).
Summary Authors
Simon Jillson (6/16/2026)
Matt Petrillo (6/11/2025)
Madeline Kaplan (9/15/2025)
Related Cases
V.O.S. Selections, Inc. v. Trump, U.S. Court of International Trade (2025)
Learning Resources, Inc. v. Trump, District of District of Columbia (2025)
Chapter1 LLC v. United States, U.S. Court of International Trade (2025)
People
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69931546/parties/the-state-of-oregon-v-united-states-department-of-homeland-security/
-, Michael W. (- United States (national) -)
-, Samantha Kinsella (- United States (national) -)
-, Paul Harold, (- United States (national) -)
-, Weronika Bukowski, (- United States (national) -)
-, Hannah James, (- United States (national) -)
-, Michael W. (- United States (national) -)
-, Samantha Kinsella (- United States (national) -)
-, Paul Harold, (- United States (national) -)
-, James J. (- United States (national) -)
-, Ezra Louvis, (- United States (national) -)
-, Vanessa L. (- United States (national) -)
-, Ilya Somin, (- United States (national) -)
Attorney, Colleen Roh (- United States (national) -)
Bendor, Joshua David (District of Columbia)
Farrell, Peter J. (District of Columbia)
General, Ester Murdukhayeva, (- United States (national) -)
General, Ian Liston, (- United States (national) -)
Helfrich, Gretchen Elizabeth (District of Columbia)
Hendrickson, Cara Ann (District of Columbia)
Joh, YoungWoo (District of Columbia)
Johnson, Steffen Nathanael (- United States (national) -)
Kane, Ryan P. (District of Columbia)
Katyal, Neal Kumar (- United States (national) -)
Ladov, Mark H. (District of Columbia)
Marshall, Brian Simmonds (District of Columbia)
Mikhail, Vivian A. (District of Columbia)
Muqaddam, Rabia C. (District of Columbia)
Senier, Amy (District of Columbia)
Skold, Michael Kenneth (District of Columbia)
Solicitor, Heidi Parry (- United States (national) -)
Stern, Heidi Parry (- United States (national) -)
-, Sophia Shams, (- United States (national) -)
Attorney, Bradley Hinshelwood,
Bae, Sosun (District of Columbia)
Burke, Claudia (District of Columbia)
General, Brett Shumate, (- United States (national) -)
Hamilton, Eric J. (District of Columbia)
McCarthy, Patricia M. (District of Columbia)
Miller, Justin Reinhart (District of Columbia)
Shams, Sophia (- United States (national) -)
-, Weronika Bukowski, (- United States (national) -)
-, Hannah James, (- United States (national) -)
-, Elizabeth Goitein, (- United States (national) -)
-, Katherine Yon (- United States (national) -)
-, Timothy Sandefur, (- United States (national) -)
-, John Marc (- United States (national) -)
-, Yaman Salahi, (- United States (national) -)
-, Emmett Gilles, (- United States (national) -)
-, Tadhg Dooley, (- United States (national) -)
-, Kevin Ryan (- United States (national) -)
-, Mark A. (- United States (national) -)
-, Peter Evans (- United States (national) -)
-, Jennifer Anne (- United States (national) -)
-, Josephine Kendra (- United States (national) -)
-, Nathan Walker, (- United States (national) -)
-, Jed Rubenfeld, (- United States (national) -)
-, Daryl Joseffer, (- United States (national) -)
-, Thomas Arthur (- United States (national) -)
-, R. Will (- United States (national) -)
-, Donald Cameron, (- United States (national) -)
-, Gregory G. (- United States (national) -)
-, Debbie Berman, (- United States (national) -)
-, Alyssa Bernstein, (- United States (national) -)
-, Aaron Cooper, (- United States (national) -)
-, Holger Spamann, (- United States (national) -)
-, Jane Petersen (- United States (national) -)
Attorney, Edward John (- United States (national) -)
Attorney, Molly Nixon, (- United States (national) -)
Attorney, Thad McIntosh (- United States (national) -)
Attorney, Emily Kirk, (- United States (national) -)
Attorney, Daniel Epstein, (- United States (national) -)
Attorney, Oliver James (- United States (national) -)
Attorney, Celine G. (- United States (national) -)
Attorney, Ashley Levine, (- United States (national) -)
Attorney, Joshua Martin (- United States (national) -)
Attorney, Peter J. (- United States (national) -)
Attorney, Roman Martinez, (- United States (national) -)
Attorney, David Swetnam-Burland, (- United States (national) -)
Choe, Shiwon (District of Columbia)
Counsel, Rebecca Kutlow, (- United States (national) -)
Counsel, William Fred (- United States (national) -)
Counsel, Andrew Joseph (- United States (national) -)
Counsel, Stephen Allen (- United States (national) -)
Counsel, Leah Tulin, (- United States (national) -)
Director, Max Sarinsky, (- United States (national) -)
Fogg, Steven W. (District of Columbia)
Goodson, Donald L.R. (- United States (national) -)
Joy, Kathryn (District of Columbia)
Kirk, Emily (District of Columbia)
Kutlow, Rebecca (District of Columbia)
McCotter, R. Trent (District of Columbia)
McGee, Kelly (- United States (national) -)
Morrison, Alan Butler (- United States (national) -)
Norton, William Fred (District of Columbia)
Partner, John Bowers (- United States (national) -)
Petrick, Josephine Kendra (District of Columbia)
Purcell, Celine Georges (District of Columbia)
Revesz, Richard (- United States (national) -)
Seligman, Matthew A. (- United States (national) -)
Documents in the Clearinghouse
Resources
Docket
See docket on RECAP: https://www.courtlistener.com/docket/69931546/the-state-of-oregon-v-united-states-department-of-homeland-security/
Last updated Sept. 3, 2026, 4:14 a.m.
Docket for: The State of Oregon v. United States Department of Homeland Security
Case Details
State / Territory:
Case Type(s):
Presidential/Gubernatorial Authority
Special Collection(s):
Trump Administration 2.0: Challenges to the Government
Key Dates
Filing Date: April 23, 2025
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
12 U.S. states impacted by President Trump's unilateral imposition of tariffs on Canada, Mexico, China, and 57 other countries.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Federal
U.S. Customs and Border Protection
U.S. Department of Homeland Security
United States
Defendant Type(s):
Case Details
Causes of Action:
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Ex Parte Young (Federal) or Bivens
Ex parte Young (federal or state officials)
Constitutional Clause(s):
Other Dockets:
U.S. Court of International Trade 1:25-cv-00077
U.S. Court of Appeals for the Federal Circuit 25-01812
Special Case Type(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: None Yet / None
Relief Granted:
Injunction / Injunctive-like Settlement
Source of Relief:
Content of Injunction:
National / Universal injunction
Issues
Immigration/Border:
Case Summary of State of Oregon v. Trump, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/46480/ (last updated 9/15/2025).