Case: The State of Oregon v. Trump

1:26-cv-01472 | U.S. Court of International Trade

Filed Date: March 5, 2026

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenges the Trump administration's unprecedented use of Section 122 of the Trade Act of 1974 to impose a 10% global import surcharge after the Supreme Court blocked its earlier tariff authority under the International Emergency Economic Powers Act (IEEPA). Hours after the U.S. Supreme Court ruled that IEEPA did not authorize the President to impose tariffs in V.O.S. Selections, Inc. v. Trump, No. 25-250 (U.S. Feb. 20, 2026) (consolidated with Learning Resources, Inc. v. Trump, 146 …

Hours after the U.S. Supreme Court ruled that IEEPA did not authorize the President to impose tariffs in V.O.S. Selections, Inc. v. Trump, No. 25-250 (U.S. Feb. 20, 2026) (consolidated with Learning Resources, Inc. v. Trump, 146 S. Ct. 628 (2026)), President Trump invoked Section 122 of the Trade Act of 1974, to justify his imposition of global tariffs. On March 5, 2026, a coalition of 24 states acting as a single plaintiff group led by Oregon filed this lawsuit in the U.S. Court of International Trade challenging the tariffs as unlawful. They sued President Trump, the United States, the Department of Homeland Security (DHS) and its Secretary, and U.S. Customs and Border Protection (CBP) and its Commissioner. Represented by their respective offices of attorney general and governors' legal teams, the plaintiffs raised three claims: (I) that Presidential Proclamation 11012 was ultra vires, (II) that it violated the separation of powers under Article I of the Constitution, and (III) that CBP's implementing guidance exceeded statutory authority under the Administrative Procedure Act (APA), 5 U.S.C. § 706(2)(C). The plaintiffs sought declaratory relief, a preliminary and permanent injunction against enforcement of the tariffs, vacatur of the CBP guidance, a refund of Section 122 tariffs collected on state importers' entries, and attorneys' fees and costs. The case was assigned to a three-judge panel consisting of Chief Judge Mark A. Barnett, Judge Claire R. Kelly, and Senior Judge Timothy C. Stanceu, and was consolidated with a related suit by two private importers, Burlap and Barrel, Inc. v. Trump (Court No. 26-01606). This case is related to V.O.S. Selections, Inc. and State of Oregon v. Trump (1:25-cv-00077), both of which were successful in challenging the earlier IEEPA tariffs.

On February 20, 2026, the Supreme Court ruled 6-3 in Learning Resources that IEEPA did not authorize the President to impose tariffs. That same day, President Trump issued Proclamation 11012, invoking Section 122 of the Trade Act of 1974, 19 U.S.C. § 2132, to impose a 10% ad valorem surcharge on nearly all imports for 150 days, effective February 24 through July 24, 2026. Section 122 authorizes the President to impose temporary surcharges of up to 15% for no more than 150 days, but only to deal with "large and serious" balance-of-payments deficits. The complaint argued that the proclamation failed to satisfy this prerequisite because the President had conflated trade deficits with balance-of-payments deficits, two economically and legally distinct concepts. The plaintiffs alleged that while the United States had a $1.2 trillion goods trade deficit in 2024, its actual balance-of-payments shortfall was only approximately $53 billion when capital and financial account inflows were included. The complaint also argued that the proclamation violated Section 122's requirements of nondiscriminatory and "broad and uniform" application by exempting goods from certain countries and including over 80 pages of product exceptions without the required statutory findings.

On March 12, 2026, the court set an expedited briefing schedule. The plaintiffs filed their motion for summary judgment on March 13, supported by 28 declarations from state officials detailing economic harms. The defendants filed their opposition on April 3, and the plaintiffs replied on April 7. Amicus briefs were filed in support of both sides: Advancing American Freedom in support of the defendants, and a group of economists in support of the plaintiffs. The court held oral argument on April 10, 2026.

On May 7, 2026, the court ruled 2-1 in favor of the plaintiffs, granting summary judgment and entering a permanent injunction. Slip Op. 26-47, 2026 WL 1257669. The majority held that Proclamation 11012 exceeded the President's authority under Section 122 because the administration's interpretation of the statute was overly expansive and the proclamation failed to identify the type of balance-of-payments deficits the statute required. However, the court limited its relief to parties that had demonstrated standing as importers: the State of Washington (whose state university imported goods subject to the tariffs), Burlap and Barrel, Inc., and Basic Fun, Inc. The court dismissed all other plaintiffs' claims for lack of standing and denied as moot the alternative motions for a preliminary injunction. Senior Judge Stanceu dissented, arguing that Section 122 did not limit "balance-of-payments deficits" to the historical measures the majority identified.

The government appealed on May 8, 2026, to the U.S. Court of Appeals for the Federal Circuit (No. 2026-1804). On May 12, the Federal Circuit granted an administrative stay suspending enforcement of the permanent injunction and consolidated the appeals from both The State of Oregon and Burlap and Barrel, Inc. cases. The defendants also sought a stay from the U.S. Court of International Trade, which denied the motion on May 20, 2026. Slip Op. 26-53. On June 9, the plaintiff states cross-appealed the dismissal of the non-importer states' claims for lack of standing (CAFC No. 2026-1928). On June 11, 2026, the Federal Circuit granted a full stay pending appeal, suspending enforcement of the permanent injunction for the duration of the appeal.

As of June 11, 2026, the case was on appeal at the Federal Circuit, with the government's appeal and the plaintiffs' cross-appeal consolidated. The permanent injunction remained stayed. Trump's Section 122 tariffs imposed by Proclamation 11012 are set to expire on July 24, 2026, absent congressional reauthorization.

The case is ongoing, currently pending appeal in the U.S. Court of Appeals for the Federal Circuit.

Summary Authors

Simon Jillson (6/11/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/72368522/parties/the-state-of-oregon-v-trump/

Judge(s)

Attorney for Plaintiff

-, Adam Holbrook,

-, Dustin Buehler,

-, Reilly Stephens,

-, Jeffrey Michael

Attorney for Defendant

-, Douglas C.

Expert/Monitor/Master/Other

Judge(s)

Stanceu, Timothy C. (- United States (national) -)

Attorney for Plaintiff

Attorney, David Birch,

Bendor, Joshua David (- United States (national) -)

Breckenridge, Tillman J.

Choe, Shiwon (- United States (national) -)

Counsel, Syreeta Tyrell,

Counsel, Amy Senier,

Counsel, Katherine Thompson,

Counsel, Steven Travis

Farrell, Peter J. (- United States (national) -)

General, Peter Farrell,

General, Brian Patrick

General, Daniel Wilkes,

General, Katherine Brady

General, Vanessa L.

General, Ian Liston,

General, Michael Skold,

General, Ryan P.

General, Sarah A.

General, Ester Murdukhayeva,

General, Carolyn Downs,

General, Joshua Bendor,

General, Timothy Edward

General, Neil Giovanatti,

General, Kiel Ireland,

General, Stephen Todd

General, Freeman Halle,

General, William David

General, Benjamin N.

Giovanatti, Neil (- United States (national) -)

Halle, Freeman (- United States (national) -)

Helfrich, Gretchen Elizabeth (- United States (national) -)

Hendrickson, Cara Ann (- United States (national) -)

Kane, Ryan P. (- United States (national) -)

Ladov, Mark H. (- United States (national) -)

Marshall, Brian Simmonds (- United States (national) -)

Middlecamp, Lindsey Elise (- United States (national) -)

Muqaddam, Rabia C. (- United States (national) -)

Senier, Amy (- United States (national) -)

Sipe, Stephen Todd (- United States (national) -)

Skold, Michael Kenneth (- United States (national) -)

Tyrell, Syreeta (- United States (national) -)

Weiss, Sarah H. (- United States (national) -)

Attorney for Defendant

-, Douglas C.

Attorney, Bradley Hinshelwood,

Attorney-in-Charge, Attorney-in-Charge (- United States (national) -)

Bae, Sosun (- United States (national) -)

Burke, Claudia (- United States (national) -)

Director, Claudia Burke,

Miller, Justin Reinhart (- United States (national) -)

Rabinovitch, Mathias (- United States (national) -)

Shams, Sophia

Shumate, Brett A. (- United States (national) -)

Winik, Daniel

Other

-, John Marc

Unikowsky, Adam Granich (- United States (national) -)

Wheat, John Marc (- United States (national) -)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

2 1:26-cv-01472	Complaint The State of Oregon et al. v. Trump et al.	March 5, 2026	March 5, 2026 Complaint
21 1:26-cv-01472	Plaintiff States' Motion for Expedited Treatment The State of Oregon et al. v. Trump et al.	March 11, 2026	March 11, 2026 Pleading / Motion / Brief
25 1:26-cv-01472	Plaintiff States’ Motion For Summary Judgment, And, In The Alternative, For A Preliminary Injunction The State of Oregon et al. v. Trump et al.	March 13, 2026	March 13, 2026 Pleading / Motion / Brief
34 1:26-cv-01472	Answer The State of Oregon et al. v. Trump et al.	April 3, 2026	April 3, 2026 Pleading / Motion / Brief
35 1:26-cv-01472	Defendants’ Response In Opposition To Motions For Preliminary Injunction And Summary Judgment The State of Oregon et al. v. Trump et al.	April 3, 2026	April 3, 2026 Pleading / Motion / Brief
37 1:26-cv-01472	Plaintiff States’ Reply In Support Of Motion For Summary Judgment, And, In The Alternative, For A Preliminary Injunction The State of Oregon et al. v. Trump et al.	April 7, 2026	April 7, 2026 Pleading / Motion / Brief
49 1:26-cv-01472	Opinion and Order The State of Oregon et al. v. United States et al.	May 7, 2026	May 7, 2026 Order/Opinion 2026 WL 1257669
4 26-01804	Emergency Motion For A Stay Pending Appeal And An Immediate Administrative Stay The State of Oregon et al. v. Trump et al. U.S. Court of Appeals for the Federal Circuit	May 11, 2026	May 11, 2026 Pleading / Motion / Brief
8 26-01804	Order State of Oregon v. Trump et al. U.S. Court of Appeals for the Federal Circuit	May 12, 2026	May 12, 2026 Order/Opinion 2026 WL 1700681
12 26-01804	Order State of Oregon v. Trump et al. U.S. Court of Appeals for the Federal Circuit	May 13, 2026	May 13, 2026 Order/Opinion

show / hide documents

Docket

See docket on RECAP: https://www.courtlistener.com/docket/72368522/the-state-of-oregon-v-trump/

Last updated July 22, 2026, 3:16 a.m.

ECF Number	Date	Description	Link
1	March 5, 2026	Summons . Filed by Brian Simmonds Marshall of Oregon Department of Justice on behalf of All Plaintiffs. (Marshall, Brian) (Entered: 03/05/2026)	RECAP
2	March 5, 2026	Complaint against All Defendants. Answer due by 5/4/2026. Filed by Brian Simmonds Marshall of Oregon Department of Justice on behalf of All Plaintiffs. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Marshall, Brian) (Entered: 03/05/2026) 1 Exhibit 1 View on RECAP 2 Exhibit 2 View on RECAP	Clearinghouse
3	March 5, 2026	Form 5 Information Statement . Filed by Brian Simmonds Marshall of Oregon Department of Justice on behalf of All Plaintiffs. (Marshall, Brian) (Entered: 03/05/2026)	RECAP
4	March 5, 2026	Form 13 Corporate Disclosure Statement . Filed by Brian Simmonds Marshall of Oregon Department of Justice on behalf of All Plaintiffs. (Marshall, Brian) (Entered: 03/05/2026)	RECAP
5	March 6, 2026	Form 11 Notice of Appearance of Rabia Muqaddam for the State of New York. Filed by Rabia C. Muqaddam of NYS Office of the Attorney General on behalf of The State of New York.(Muqaddam, Rabia) (Entered: 03/06/2026)	RECAP
6	March 6, 2026	Form 11 Notice of Appearance . Filed by Neil Giovanatti of Michigan Department of Attorney General on behalf of The State of Michigan.(Giovanatti, Neil) (Entered: 03/06/2026)	RECAP
7	March 6, 2026	Form 11 Notice of Appearance . Filed by Shiwon Choe of California Attorney General's Office on behalf of The State of California.(Choe, Shiwon) (Entered: 03/06/2026)	RECAP
8	March 6, 2026	Form 11 Notice of Appearance . Filed by Mark H. Ladov of NYS Office of The Attorney General on behalf of The State of New York.(Ladov, Mark) (Entered: 03/06/2026)	RECAP
9	March 6, 2026	Form 11 Notice of Appearance of Ryan P. Kane. Filed by Ryan P. Kane of Vermont Attorney General's Office on behalf of The State of Vermont.(Kane, Ryan) (Entered: 03/06/2026)	RECAP
10	March 6, 2026	Form 11 Notice of Appearance . Filed by Michael Kenneth Skold of State of Connecticut Office of the Attorney General on behalf of The State of Connecticut.(Skold, Michael) (Entered: 03/06/2026)	RECAP
11	March 6, 2026	Form 11 Notice of Appearance . Filed by Joshua David Rothenber Bendor of Arizona Attorney General's Office on behalf of The State of Arizona.(Bendor, Joshua) (Entered: 03/06/2026)	RECAP
12	March 6, 2026	Form 11 Notice of Appearance . Filed by Syreeta Tyrell of Arizona Attorney General's Office on behalf of The State of Arizona.(Tyrell, Syreeta) (Entered: 03/06/2026)	RECAP
13	March 6, 2026	Form 11 Notice of Appearance . Filed by Sarah H. Weiss of Colorado Department of Law on behalf of The State of Colorado.(Weiss, Sarah) (Entered: 03/06/2026)	RECAP
14	March 6, 2026	Form 11 Notice of Appearance . Filed by Amy Senier of New Mexico Department of Justice on behalf of The State of New Mexico.(Senier, Amy) (Entered: 03/06/2026)	RECAP
15	March 9, 2026	Certificate of service (related document(s) 2, 1 ). Filed by Mark H. Ladov of NYS Office of The Attorney General on behalf of All Plaintiffs. (Ladov, Mark) (Entered: 03/09/2026)	RECAP
16	March 10, 2026	Order entered on 3/10/2026: Pursuant to 28 U.S.C. §§ 253(c) and 255 and Rule 77(e) of the Rules of this Court, the above-entitled action is assigned to a three-judge panel consisting of Chief Judge Mark A. Barnett, Judge Claire R. Kelly, and Senior Judge Timothy C. Stanceu. (Almonte, Giselle) (Entered: 03/10/2026)	RECAP
17	March 11, 2026	Form 11 Notice of Appearance . Filed by Gretchen Elizabeth Helfrich of Office of the Illinois Attorney General on behalf of The State of Illinois.(Helfrich, Gretchen) (Entered: 03/11/2026)	RECAP
18	March 11, 2026	Microsoft Teams conference scheduled. Status Conference set for 3/12/2026 11:00 AM (EDT). (Almonte, Giselle) (Entered: 03/11/2026)	RECAP
19	March 11, 2026	Form 11 Notice of Appearance . Filed by Lindsey Elise Middlecamp of Minnesota Attorney General's Office on behalf of The State of Minnesota.(Middlecamp, Lindsey) (Entered: 03/11/2026)	RECAP
20	March 11, 2026	Form 11 Notice of Appearance . Filed by Peter J. Farrell of Office of the Minnesota Attorney General on behalf of The State of Minnesota.(Farrell, Peter) (Entered: 03/11/2026)	RECAP
21	March 11, 2026	Motion to Expedite . Responses due by 4/1/2026. Filed by Brian Simmonds Marshall of Oregon Department of Justice on behalf of All Plaintiffs.(Marshall, Brian) (Entered: 03/11/2026)	Clearinghouse
22	March 12, 2026	Form 11 Notice of Appearance for Claudia Burke and Justin R. Miller. Filed by Claudia Burke of U.S. Department of Justice on behalf of All Defendants.(Burke, Claudia) (Entered: 03/12/2026)	RECAP
23	March 12, 2026	Teams Conference Call held on 3/12/2026 at 11:00 AM in Offsite via Microsoft Teams. Appearance Sheet attached. (Almonte, Giselle) (Entered: 03/12/2026)	RECAP
24	March 12, 2026	Scheduling Order entered on 3/12/2026: Upon consideration of the motion filed by the Plaintiff States in Court No. 26-01472-3JP for an expedited briefing schedule (ECF No. 21 ) and following a status conference with the parties in Court No. 26-01472-3JP and consultation with the parties in Court No. 26-1606-3JP, it is hereby ORDERED that the motion is GRANTED IN PART and DENIED IN PART. It is further ORDERED that the briefing of these actions shall proceed in accordance with the schedule set forth below: 1. Plaintiffs' motions for summary judgment filed in their respective cases due by March 13, 2026 (14000 Word Limit each); 2. Single combined response brief of Defendants to be docketed in both cases. Defendants shall concurrently file an Answer to each Complaint due by April 3, 2026 (28000 Word Limit- Response Brief); 3. Plaintiffs' reply briefs filed in their respective cases due by April 7, 2026 (7000 Word Limit each). Additionally, an in-person hearing on the motions for summary judgment is scheduled for Friday April 10, 2026, at 10:00AM EDT in the Ceremonial courtroom at the U.S. Court of International Trade. (see order for further details) (Related Doc # 21 ). (Almonte, Giselle) (Entered: 03/12/2026)	RECAP
25	March 13, 2026	Motion for summary judgment by All Plaintiffs. Response to Dispositive Motion due by 4/3/2026. Filed by Rabia C. Muqaddam of NYS Office of the Attorney General on behalf of The State of Wisconsin, The State of Washington, The Commonwealth of Virginia, The State of Vermont, The State of Rhode Island, Josh Shapiro, in his official capacity as Governor of the Commonwealth of Pennsylvania, The State of North Carolina, The State of New Mexico, The State of New Jersey, The State of Nevada, The State of Minnesota, The State of Michigan, The Commonwealth of Massachusetts, The State of Maryland, The State of Maine, Office of the Governor ex rel. Andy Beshear, in his official capacity as Governor of the Commonwealth of Kentucky, The State of Illinois, The State of Delaware, The State of Connecticut, The State of Colorado, The State of New York, The State of California, The State of Arizona, The State of Oregon.(Muqaddam, Rabia) Modified on 3/13/2026 (Almonte, Giselle). (Entered: 03/13/2026)	Clearinghouse
26	March 13, 2026	Statement of Material Facts filed by all Plaintiffs (related document(s) 25 ). Filed by Rabia C. Muqaddam of NYS Office of the Attorney General on behalf of The State of Wisconsin, The State of Washington, The Commonwealth of Virginia, The State of Vermont, The State of Rhode Island, Josh Shapiro, in his official capacity as Governor of the Commonwealth of Pennsylvania, The State of North Carolina, The State of New Mexico, The State of New Jersey, The State of Nevada, The State of Minnesota, The State of Michigan, The Commonwealth of Massachusetts, The State of Maryland, The State of Maine, Office of the Governor ex rel. Andy Beshear, in his official capacity as Governor of the Commonwealth of Kentucky, The State of Illinois, The State of Delaware, The State of Connecticut, The State of Colorado, The State of New York, The State of California, The State of Arizona, The State of Oregon. (Muqaddam, Rabia) (Entered: 03/13/2026)	RECAP
27	March 13, 2026	Affidavit/declarations of Rabia Muqaddam in support of Plaintiffs' Motion for Summary Judgment. Filed by Rabia C. Muqaddam of NYS Office of the Attorney General on behalf of The State of Wisconsin, The State of Washington, The Commonwealth of Virginia, The State of Vermont, The State of Rhode Island, Josh Shapiro, in his official capacity as Governor of the Commonwealth of Pennsylvania, The State of North Carolina, The State of New Mexico, The State of New Jersey, The State of Nevada, The State of Minnesota, The State of Michigan, The Commonwealth of Massachusetts, The State of Maryland, The State of Maine, Office of the Governor ex rel. Andy Beshear, in his official capacity as Governor of the Commonwealth of Kentucky, The State of Illinois, The State of Delaware, The State of Connecticut, The State of Colorado, The State of New York, The State of California, The State of Arizona, The State of Oregon. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5 - Declaration of James R. Hines, # 6 Exhibit 6 - Declaration of Douglas A. Irwin, # 7 Exhibit 7 - Declaration of Tim Newton, # 8 Exhibit 8 - Declaration of Jesse Bignami, # 9 Exhibit 9 - Declaration of Lori Bradley, # 10 Exhibit 10 - Declaration of Angela Shell, # 11 Exhibit 11 - Declaration of Robert Jaros, # 12 Exhibit 12 - Declaration of Mark D. Raymond, # 13 Exhibit 13 - Declaration of Jenifer Johnson, # 14 Exhibit 14 - Declaration of Maurice M. Mosley, # 15 Exhibit 15 - Declaration of John Hicks, # 16 Exhibit 16 - Declaration of Ann Maria Bennett, # 17 Exhibit 17 - Declaration of Jared Ambrosier, # 18 Exhibit 18 - Declaration of Betsy Hayes, # 19 Exhibit 19 - Declaration of Sarah Binger-Grosjean, # 20 Exhibit 20 - Declaration of Kavin K. Mistry, # 21 Exhibit 21 - Declaration of Jeannette Moy, # 22 Exhibit 22 - Declaration of Joanne Rowland, # 23 Exhibit 23 - Declaration of Hanna Emerson, # 24 Exhibit 24 - Declaration of Elizabeth Papadopoulos, # 25 Exhibit 25 - Declaration of Natalie Guillette, # 26 Exhibit 26 - Declaration of Ray Hsu, # 27 Exhibit 27 - Declaration of Thomas Bowers, # 28 Exhibit 28 - Declaration of Cheryl Edgington)(Muqaddam, Rabia) (Entered: 03/13/2026) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER 4 Exhibit 4 View on PACER 5 Exhibit 5 - Declaration of James R. Hines View on PACER 6 Exhibit 6 - Declaration of Douglas A. Irwin View on PACER 7 Exhibit 7 - Declaration of Tim Newton View on PACER 8 Exhibit 8 - Declaration of Jesse Bignami View on RECAP 9 Exhibit 9 - Declaration of Lori Bradley View on PACER 10 Exhibit 10 - Declaration of Angela Shell View on PACER 11 Exhibit 11 - Declaration of Robert Jaros View on PACER 12 Exhibit 12 - Declaration of Mark D. Raymond View on PACER 13 Exhibit 13 - Declaration of Jenifer Johnson View on PACER 14 Exhibit 14 - Declaration of Maurice M. Mosley View on PACER 15 Exhibit 15 - Declaration of John Hicks View on PACER 16 Exhibit 16 - Declaration of Ann Maria Bennett View on PACER 17 Exhibit 17 - Declaration of Jared Ambrosier View on PACER 18 Exhibit 18 - Declaration of Betsy Hayes View on PACER 19 Exhibit 19 - Declaration of Sarah Binger-Grosjean View on PACER 20 Exhibit 20 - Declaration of Kavin K. Mistry View on PACER 21 Exhibit 21 - Declaration of Jeannette Moy View on PACER 22 Exhibit 22 - Declaration of Joanne Rowland View on PACER 23 Exhibit 23 - Declaration of Hanna Emerson View on PACER 24 Exhibit 24 - Declaration of Elizabeth Papadopoulos View on PACER 25 Exhibit 25 - Declaration of Natalie Guillette View on PACER 26 Exhibit 26 - Declaration of Ray Hsu View on PACER 27 Exhibit 27 - Declaration of Thomas Bowers View on PACER 28 Exhibit 28 - Declaration of Cheryl Edgington View on PACER	RECAP
28	March 13, 2026	First Petition Amici Curiae. Filed by John Marc Wheat of Advancing American Freedom on behalf of John Marc Wheat. (Wheat, John) (Entered: 03/13/2026)	RECAP
29	March 13, 2026	Motion to appear as amicus curiae Advancing American Freedom, Inc, et al. Responses due by 4/3/2026. Filed by John Marc Wheat of Advancing American Freedom on behalf of Advancing American Freedom, Inc, et al. (Attachments: # 1 Proposed Order to grant filing of amicus brief, # 2 Motion to seek order to grant filing)(Wheat, John) (Entered: 03/13/2026) 1 Proposed Order to grant filing of amicus brief View on PACER 2 Motion to seek order to grant filing View on PACER	RECAP
30	March 16, 2026	Form 13 Corporate Disclosure Statement Advancing American Freedom, Inc, et al. Filed by John Marc Wheat of Advancing American Freedom on behalf of Advancing American Freedom, Inc, et al. (Wheat, John) (Entered: 03/16/2026)	RECAP
31	March 19, 2026	Form 11 Notice of Appearance . Filed by Cara Ann Hendrickson of Office of the Illinois Attorney General on behalf of The State of Illinois.(Hendrickson, Cara) (Entered: 03/19/2026)	RECAP
32	March 20, 2026	Paperless Order entered on 3/20/2026: Upon consideration of the motion of proposed amici curiae for leave to file a brief by Advancing American Freedom, et al., it is hereby ORDERED that the motion is granted; and it is further ORDERED that the proposed brief is accepted for filing. By the Panel. (Related Doc # 29 ). (Almonte, Giselle) (Entered: 03/20/2026)	RECAP
33	March 20, 2026	Amicus Brief deemed filed (related document(s) 32 ). Filed by John Marc Wheat of Advancing American Freedom on behalf of Advancing American Freedom, Inc et al. (Almonte, Giselle) (Entered: 03/20/2026)	RECAP
34	April 3, 2026	Answer to Complaint . Filed by Claudia Burke of U.S. Department of Justice on behalf of All Defendants. (Burke, Claudia) (Entered: 04/03/2026)	Clearinghouse
35	April 3, 2026	Response in opposition to Motion for summary judgment (related document(s) 25 ). Replies due by 4/24/2026. Filed by Claudia Burke of U.S. Department of Justice on behalf of All Defendants. (Attachments: # 1 Declaration, # 2 Declaration, # 3 Declaration)(Burke, Claudia) (Entered: 04/03/2026) 1 Declaration View on RECAP 2 Declaration View on RECAP 3 Declaration View on RECAP	Clearinghouse
36	April 7, 2026	Form 11 Notice of Appearance . Filed by Claudia Burke of U.S. Department of Justice on behalf of All Defendants.(Burke, Claudia) (Entered: 04/07/2026)	RECAP
37	April 7, 2026	Reply in Support of Motion for Summary Judgment and in the alternative, for a Preliminary Injunction (related document(s) 35 ). Filed by Brian Simmonds Marshall of Oregon Department of Justice on behalf of All Plaintiffs.(Marshall, Brian) (Entered: 04/07/2026)	Clearinghouse
38	April 7, 2026	Affidavit/declarations of Brian Simmonds Marshall in support of Plaintiff States' Motion for Summary Judgment and in the alternative, for a Preliminary Injunction. Filed by Brian Simmonds Marshall of Oregon Department of Justice on behalf of The State of Oregon. (Attachments: # 1 Exhibit 1)(Marshall, Brian) (Entered: 04/07/2026)	RECAP
39	April 8, 2026	Notice from the Court An audio feed of the proceeding will be available via a YouTube livestream. The link for this livestream is available on the courts website under Upcoming Court Proceedings Accessible via Teleconference or Audio Streaming: https://www.cit.uscourts.gov/upcoming-court-proceedings-accessible-teleconference-or-audio-streaming . (Hugh, Lewis) Modified on 4/10/2026 (Taronji, Steve). (Entered: 04/08/2026)	RECAP
40	April 8, 2026	Motion to appear as amicus curiae in Support of Plaintiffs. Responses due by 4/29/2026. Filed by Adam Granich Unikowsky of Jenner & Block LLP on behalf of Economists. (Attachments: # 1 Brief of Economists as Amicus Curiae in Support of Plaintiffs)(Unikowsky, Adam) (Entered: 04/08/2026) 1 Brief of Economists as Amicus Curiae in Support of Plaintiffs View on RECAP	RECAP
41	April 9, 2026	Form 13 Corporate Disclosure Statement . Filed by Adam Granich Unikowsky of Jenner & Block LLP on behalf of Economists. (Unikowsky, Adam) (Entered: 04/09/2026)	RECAP
42	April 9, 2026	Form 11 Notice of Appearance . Filed by Mathias Rabinovitch of U.S. Department of Justice on behalf of All Defendants.(Rabinovitch, Mathias) (Entered: 04/09/2026)	RECAP
43	April 9, 2026	Paperless Order entered on 4/9/2026: Upon consideration of the motion of proposed amici curiae for leave to file a brief by Economists, it is hereby ORDERED that the motion is granted; and it is further ORDERED that the proposed brief is accepted for filing. By the Panel. (related document(s) # 40 ) (Chien, Jason) (Entered: 04/09/2026)	RECAP
44	April 9, 2026	Brief of Amicus Curiae Economists (deemed filed) (related document(s) 40, 43 ). Filed by Adam Granich Unikowsky of Jenner & Block LLP on behalf of Economists. (Chien, Jason) (Entered: 04/09/2026)	RECAP
45	April 10, 2026	Form 11 Notice of Appearance . Filed by Sosun Bae of U.S. Department of Justice on behalf of All Defendants.(Bae, Sosun) (Entered: 04/10/2026)	RECAP
46	April 10, 2026	Oral Argument held on 4/10/2026 at 10:00 am in Ceremonial Courtroom. Appearance Sheet attached. (Almonte, Giselle) (Entered: 04/10/2026)	RECAP
47	April 17, 2026	Paperless Notice entered on 4/17/2026: The court's official caption has been revised to reflect Markwayne Mullin in his official capacity as Secretary of the Department of Homeland Security in place of Kristi Noem. (Almonte, Giselle) (Entered: 04/17/2026)	RECAP
48	April 17, 2026	Transcript of Hearing held on 4/10/2026 filed with court. Pursuant to Administrative Order 08-01 re: the redaction of personal data identifiers. Notice of Intent to Redact Deadline due 4/24/2026. Redaction Request due 5/8/2026. Redacted Transcript Deadline set for 5/18/2026. Release of Transcript Restriction set for 7/16/2026. (Almonte, Giselle) (Entered: 04/17/2026)	RECAP
49	May 7, 2026	Order entered on 5/7/2026: Slip-Op 26-47: Granting Plaintiffs' motions for summary judgment and entering a permanent injunction for The State of Washington, Burlap and Barrel, Inc., and Basic Fun, Inc.; dismissing the claims of The State of Oregon, The State of Arizona, The State of California, The State of New York, The State of Colorado, The State of Connecticut, The State of Delaware, The State of Illinois, Office of the Governor ex rel. Andy Beshear, in his official capacity as Governor of the Commonwealth of Kentucky, The State of Maine, The State of Maryland, The Commonwealth of Massachusetts, The State of Michigan, The State of New Jersey, The State of Minnesota, The State of Nevada, The State of New Mexico, The State of North Carolina, Josh Shapiro, in his official capacity as Governor of the Commonwealth of Pennsylvania, The State of Rhode Island, The State of Vermont, The Commonwealth of Virginia, and The State of Wisconsin, for lack of standing; denying as moot Plaintiffs' alternative motions for preliminary injunction. Judge Stanceu dissents. Judgment will be entered accordingly. (related document(s) 25 ). (Attachment(s) # 1 Majority Cited Webpages, # 2 Dissent Cited Webpages) (Almonte, Giselle). (Entered: 05/07/2026) 1 Majority Cited Webpages View on PACER 2 Dissent Cited Webpages View on PACER	Clearinghouse
50	May 7, 2026	Judgment entered on 5/7/2026 for Slip-Op 26-47. (related document(s) 49 ). (Almonte, Giselle) (Entered: 05/07/2026)	RECAP
51	May 8, 2026	Notice of Appeal of opinion and judgment filed. (related document(s) 49, 50 ). Filed by Justin Reinhart Miller of U.S. Department of Justice on behalf of All Defendants.(Miller, Justin) (Entered: 05/08/2026)	RECAP
52	May 8, 2026	Appeal of Slip-Op 26-47 and Judgment docketed on 5/8/2026 by the CAFC as appeal no. 2026-1804 (related document(s) 51 ). (Almonte, Giselle) (Entered: 05/08/2026)	RECAP
53	May 11, 2026	Motion for stay pending appeal . Responses due by 6/1/2026. Filed by Claudia Burke of U.S. Department of Justice on behalf of All Defendants. (Attachments: # 1 Declaration, # 2 Declaration, # 3 Declaration)(Burke, Claudia) (Entered: 05/11/2026) 1 View on RECAP 2 View on RECAP 3 View on RECAP	RECAP
54	May 12, 2026	Order from CAFC The appeals are consolidated, such that only one set of briefs should be filed for the appeals (see order for further details). (Almonte, Giselle) (Entered: 05/12/2026)	RECAP
55	May 12, 2026	Paperless Order entered on 5/12/2026: Plaintiffs' response to Defendants' motion to stay enforcement of the judgment pending appeal is due on or before May 22, 2026. The response shall be limited to 5,000 words. The response deadline notwithstanding, the court will hold Defendants' motion in abeyance pending the U.S. Court of Appeals for the Federal Circuit's consideration of Defendants' motion to stay pending appeal. (Hugh, Lewis) (Entered: 05/12/2026)	RECAP
56	May 13, 2026	Order from CAFC It is ORDERED that: Appellants motion at ECF No. 4 is held in abeyance, and briefing on it is suspended, pending the Court of International Trades disposition of appellants' stay motions at that court, and appellants are directed to immediately inform this court of the CITs disposition of those motions. The administrative stay imposed by this courts May 12, 2026 order remains in effect. (Almonte, Giselle) (Entered: 05/13/2026)	RECAP
57	May 13, 2026	Paperless Order entered on 5/13/2026: In light of the U.S. Court of Appeals for the Federal Circuit's Order of May 13, 2026, this court will proceed to consider Defendants' motion to stay enforcement of the judgment. Plaintiffs' response to the motion is now due on or before May 19, 2026, and shall be limited to 5000 words. (Almonte, Giselle) (Entered: 05/13/2026)	RECAP
58	May 18, 2026	Form 11 Notice of Appearance . Filed by Freeman Halle of Washington State Attorney General's Office on behalf of The State of Washington.(Halle, Freeman) (Entered: 05/18/2026)	RECAP
59	May 19, 2026	Response Plaintiff States' Response to Defendants' to Motion to Stay (related document(s) 53 ). Filed by Brian Simmonds Marshall of Oregon Department of Justice on behalf of All Plaintiffs.(Marshall, Brian) (Entered: 05/19/2026)	RECAP
60	May 20, 2026	Order entered on 5/20/2026: Slip-Op 26-53: Denying Defendants' motion for a stay of enforcement of the judgment pending appeal. In accordance with the foregoing, it is hereby ORDERED that Defendants' motion for a stay of enforcement of the judgment pending appeal (ECF No. 53, Ct. No. 26- 01472; ECF No. 42, Ct. No. 26-01606) is DENIED. (related document(s) 53 ) (Almonte, Giselle) (Entered: 05/20/2026)	Clearinghouse
61	May 21, 2026	Order from CAFC It is ORDERED that: The appellees are directed to respond to the appellants' motions for a stay no later than seven days from the date of entry of this order. Any reply is due no later than three days from the date of service of the response(s). The administrative stay imposed by this court's May 12, 2026 order remains in effect. (Almonte, Giselle) (Entered: 05/21/2026)	RECAP
62	May 26, 2026	Form 11 Notice of Appearance . Filed by Stephen Todd Sipe of State of Washington Attorney General's Office on behalf of The State of Washington.(Sipe, Stephen) (Entered: 05/26/2026)	RECAP
63	June 5, 2026	Errata filed for slip opinion 26-47 . (Almonte, Giselle) (Entered: 06/05/2026)	RECAP
64	June 9, 2026	Notice of Appeal of Judgment of 5/7/2026 filed. (related document(s) 50 ). Filed by Brian Simmonds Marshall of Oregon Department of Justice on behalf of The State of Oregon.(Marshall, Brian) (Entered: 06/09/2026)	RECAP
65	June 10, 2026	Appeal of Slip-Op 26-47 and Judgment docketed on 6/10/2026 by the CAFC as appeal no. 2026-1928 (related document(s) 64 ). (Almonte, Giselle) (Entered: 06/10/2026)	RECAP
66	June 11, 2026	Order from CAFC : IT IS ORDERED THAT: (1) The motions for a stay pending appeal are granted. (2) The Clerk of Court shall transmit a copy of this order to the merits panel assigned to these appeals. SEE ORDER FOR FULL DETAILS. (related document(s) 61, 49, 50, 53 ). (Chien, Jason) (Entered: 06/11/2026)	RECAP
67	June 26, 2026	Form 11 Notice of Appearance . Filed by Katherine Walton Thompson of Office of the Maine Attorney General on behalf of The State of Maine.(Thompson, Katherine) (Entered: 06/26/2026)	RECAP
68	July 8, 2026	Notice of withdrawal as attorney of record filed . Filed by Freeman Halle of Washington State Attorney General's Office on behalf of The State of Washington.(Halle, Freeman) (Entered: 07/08/2026)	RECAP

show / hide docket entries

Case Details

State / Territory:

- United States (national) -

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Tariffs & Trade

Key Dates

Filing Date: March 5, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A coalition of 24 states, led by Oregon, and including Kentucky Governor Andy Beshear and Pennsylvania Governor Josh Shapiro.

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Enumerations Clause

Non-delegation Doctrine

Separation of Powers

Other Dockets:

U.S. Court of International Trade 1:26-cv-01472

U.S. Court of Appeals for the Federal Circuit 26-01804

U.S. Court of Appeals for the Federal Circuit 26-01928

Special Case Type(s):

Three-Judge District Court

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Declaratory judgment

Stay of government action

Relief Granted:

Declaratory Judgment

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

Immigration/Border:

Trade/tariffs

Recommended Citation

Case Summary of The State of Oregon v. Trump, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/48141/ (last updated 6/11/2026).