On November 5, 2025, the Supreme Court of the United States (SCOTUS) held oral argument for Trump v. V.O.S. Selections, Inc., regarding the legality of the International Emergency Economic Powers Act (IEEPA). Since the oral argument, companies, including giants such as Costco, have filed their own preemptive lawsuit in the Court of International Trade (CIT) to preserve their rights to potential refunds.
The following key question is when the SCOTUS will issue its decision. The normal term of the SCOTUS starts on the first Monday of October and ends in late June or early July. Below is a calendar of the current SCOTUS term.
After oral argument, the Justices always hold a Justices’ Conference to discuss the case among themselves. During the Justices’ Conference, the Justices will cast their preliminary votes, as well as assign which Justice will write the majority, concurring, or dissenting opinion. These draft opinions will be circulated as Justices seek to bring others to their position.
All opinions of the SCOTUS are normally issued by the last day of the SCOTUS term. However, there are no rules governing when decisions and opinions must be issued. According to the U.S. Courts website, “{t}ypically, decisions that are unanimous are released sooner than those that have concurring and dissenting opinions. While some unanimous decisions are handed down as early as December, some controversial opinions, even if oral argument is held in October, may not be handed down until the last day of the term.”
Based on the calendar, between November 12, 2025, the date of the oral argument, and January 9, 2026, the first Justices’ Conference in 2026, there are five currently scheduled Justices’ Conference. The legality of the IEEPA Tariffs could have been discussed and voted on in any of the five sessions. Thus January 9, 2026 was the theoretical earliest date for the SCOTUS to release its opinion. This did not happen. Due to the complexity of legal issues raised during the oral argument, the fact that it is unlikely that the decision will be unanimous and the enormous financial stake involved in the IEEPA Tariffs, the SCOTUS may issue its opinion as late as June 25, 2026, the last day of the SCOTUS term.
Our office will continue to closely monitor any case updates and will continue to keep you informed. Please review our latest article on Navigating Tariff Increases: Strategies to Minimize Tariff Costs Under the Trump Administration – Customs & International Trade Law Firm.
Should you wish to join the IEEPA case or have any questions regarding any other import or export-related matter, please do not hesitate to contact our office at info@diaztradelaw.com.
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