Yesterday's Supreme Court decision rejecting President Trump's use of the International Emergency Economic Policy Act (IEEPA) to impose tariffs is styled Learning Resources v. Trump. But why?
The tariff case was actually two cases. Learning Resources, which had been filed in a federal district court, and Trump v. V.O.S. Selections, which was filed in the Court of International Trade and then appealed to the U.S. Court of Appeals for the Federal Circuit. One question before the Court was which of these litigation pathways was the right one.
Here is what the Court said on that point in a footnote:
