Federal Circuit Stays United States Court of International Trade’s Order on Tariffs Temporarily as the Panel Considers the Matter
An order was issued on May 29, 2025 from the United States Court of Appeals for the Federal Circuit in the consolidated cases under the lead title V.O.S. SELECTIONS, INC. v. TRUMP. This order is noted as nonprecedential.
The order addresses appeals from the United States Court of International Trade. In the underlying proceedings, the Court of International Trade had entered judgments against the United States. These judgments included permanently enjoining certain Executive Orders imposing various tariffs.
The plaintiffs in these cases before the Court of International Trade included business entities such as V.O.S. SELECTIONS, INC., PLASTIC SERVICES AND PRODUCTS, LLC, DBA GENOVA PIPE, MICROKITS, LLC, FISHUSA INC., and TERRY PRECISION CYCLING LLC. Another set of plaintiffs included several states: OREGON, ARIZONA, COLORADO, CONNECTICUT, DELAWARE, ILLINOIS, MAINE, MINNESOTA, NEVADA, NEW MEXICO, NEW YORK, and VERMONT.
The defendants in these actions, who are the appellants before the Federal Circuit, included DONALD J. TRUMP, in his official capacity as President of the United States, the Executive Office of the President, the United States itself, and other government officials and entities such as the Acting Commissioner for United States Customs and Border Protection, the United States Trade Representative, the Office of the United States Trade Representative, the Secretary of Commerce, the United States Customs and Border Protection, and the United States Department of Homeland Security.
The United States, having appealed the Court of International Trade’s rulings, filed motions with the Federal Circuit. These motions requested the court to consolidate the appeals, to stay the judgment and injunction issued by the Court of International Trade pending these appeals, and for an immediate administrative stay while the motion for the full stay is considered. A separate request by the United States for the Court of International Trade to grant a stay remains pending before that court.
Upon consideration, the Federal Circuit ordered that the motions to consolidate the appeals are granted. The appeals are consolidated under a revised official caption, meaning only one set of briefs is required.
Significantly, the Federal Circuit also granted the request for an immediate administrative stay. This means that the judgments and the permanent injunctions entered by the Court of International Trade in these cases are temporarily stayed until further notice. This temporary stay is in effect while the Federal Circuit considers the pending motions papers for the full stay of the judgment and injunction.
The court directed the parties to immediately inform the Federal Circuit of any action taken by the Court of International Trade on the United States’s pending stay motions. It also set a schedule for responses and replies regarding the United States’s motions for a full stay, with plaintiffs-appellees’ responses due by June 5, 2025, and the United States’s single consolidated reply due by June 9, 2025.
Prepared with assistance from NotebookLM.