Tariffs on Trial—Inside the Federal Circuit’s Showdown Over Presidential Trade Power

In this episode of Unwritten Law, Mark Chenoweth and John Vecchione break down the high-stakes en banc oral argument in V.O.S. Selections, Inc. v. Trump, a pivotal challenge to presidential tariff authority under the International Emergency Economic Powers Act (IEEPA). John attended the packed Federal Circuit courtroom and brings listeners an insider account of the arguments, judicial skepticism, and the government’s struggle to defend sweeping tariff powers.

The discussion dives into the legacy of the Yoshida case, the limits of executive power in trade policy, and why post-Loper Bright courts may be less willing to rubber-stamp administrative justifications. With tariffs affecting businesses and consumers nationwide, this episode explores how the decision could redefine the balance of power between Congress and the President in trade law.

Key topics: Presidential trade authority, IEEPA, tariffs, V.O.S. Selections, Inc. v. Trump, Yoshida precedent, executive power limits, Federal Circuit oral arguments, and post-Loper Bright administrative law.