Late yesterday, the Federal Circuit issued an en banc nonprecedential order granting the motions filed by the United States for stays of the judgments and permanent injunctions entered by the Court of International Trade against President Trump’s Executive Orders imposing various tariffs. The court concluded that “a stay is warranted under the circumstances,” and that “these cases present issues of exceptional importance warranting expedited en banc consideration of the merits in the first instance.” Here is the full text of the order.
V.O.S. Selections, Inc. v. Trump (En Banc Nonprecedential Order)
The United States’s motions for a stay of the United States Court of International Trade’s rulings enjoining certain Executive Orders imposing tariffs, the Plaintiffs-Appellees’ oppositions, and the United States’s reply were presented to all circuit judges of this court in regular active service who are not recused or disqualified. Both sides have made substantial arguments on the merits. Having considered the traditional stay factors, see Fed. R. App. P. 8; Nken v. Holder, 556 U.S. 418, 426 (2009), the court concludes a stay is warranted under the circumstances. See also Trump v. Wilcox, 605 U.S. _, 145 S. Ct. 1415, 1415 (2025) (per curiam) (“The purpose of . . . interim equitable relief is not to conclusively determine the rights of the parties, but to balance the equities as the litigation moves forward.” (quoting Trump v. Int’l Refugee Assistance Project, 582 U.S. 571, 580 (2017)). The court also concludes that these cases present issues of exceptional importance warranting expedited en banc consideration of the merits in the first instance.
Accordingly,
IT IS ORDERED THAT:
(1) The motions for a stay pending appeal are granted.
(2) All motions for leave to file briefs amicus curiae regarding the stay motions are granted.
(3) These consolidated cases will be heard en banc under 28 U.S.C. § 46 and Federal Rule of Appellate Procedure. The court en banc shall consist of all circuit judges in regular active service who are not recused or disqualified in accordance with the provisions of 28 U.S.C. § 46(c).
(4) Within two business days from the issuance of this order, the parties are directed to jointly file a proposed expedited briefing schedule. The proposed briefing schedule should allow for this court to hold oral argument on July 31, 2025 at 10:00 A.M. in Courtroom 201. If the parties cannot agree upon a schedule, the joint submission should include the parties’ alternative proposals.