U.S. Seeks Expedited Writ of Certiorari from SCOTUS on IEEPA Tariffs Case

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Sep. 5, 2025
By: Hannah B. Kreinik

Moving swiftly, Solicitor General D. John Sauer for the U.S. has filed both a Petition for a Writ of Certiorari and a Motion for Expedite Consideration with the Supreme Court of the United States (SCOTUS) for the IEEPA Tariffs case recently ruled on by the U.S. Court of Appeals for the Federal Circuit (see our article on the CAFC’s ruling here). After the U.S. lost in the CAFC, the Solicitor General explained in the U.S.’s motion that a final decision in the case is key to finalizing trade agreements and determining next steps in the trade industry. The Solicitor General also mentioned that the plaintiffs in the case, several importers and 12 U.S. states, would agree with the expedited schedule.

SCOTUS has not yet ruled on either the writ or motion. Four Supreme Court Justices must agree to petition for a Writ of Certiorari to be granted, allowing the case to be before the Supreme Court. If the Petition is rejected by the Court the appellate court decision stands. Since that does not seem like a likely outcome here, we note that if the current Motion is approved, the following schedule would apply:

Writ of Certiorari Decision: September 10th, 2025

Government Opening Brief: September 19th, 2025

Plaintiff’s Brief: October 20th, 2025

Government Reply Brief: October 30th, 2025

Oral Argument: First week of November 2025

The schedule above would be extraordinarily in Supreme Court litigation. In addition, even if all argumentation is complete in November of 2025, the Court has no time limit on issuing decisions. In some cases decisions are issued quickly, while in others they are not.

During this tumultuous time of trade law, Barnes, Richardson & Colburn attorneys are here to keep you updated on the latest trade-related court developments.