Beneath the technical arguments lies the question of whether the U.S. will reaffirm its commitment to the rule of law in trade – or abandon it.
As the U.S. Supreme Court considers V.O.S. Selections, Inc. v. Trump (No. 25-250), the fate of a sweeping “universal and reciprocal” tariff regime hangs in the balance. The case touches on the question of whether the United States will reaffirm its long-standing commitment to the rule of law in trade, or abandon it in favor of executive discretion and economic unilateralism.
In May 2025, the U.S. Court of International Trade ruled that the Trump administration’s tariff plan exceeded presidential authority under the International Emergency Economic Powers Act.
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