On April 18, 2025, the Liberty Justice Center filed for a temporary restraining order and motion for a preliminary injunction to halt the "Liberation Day" tariffs. These tariffs are affecting a range of imported goods and are causing considerable harm to small businesses nationwide.
The legal motion was filed in the case of V.O.S Selections, Inc. v. Trump, representing five small businesses. It claims these businesses would face irreparable harm if the tariffs persist. The filing suggests the plaintiffs have a strong case and offers the court an option to treat the motion as a summary judgment for a permanent injunction.
“These tariffs are devastating small businesses,” said Jeff Schwab, an attorney with the Liberty Justice Center. “We are asking the court to act swiftly to declare these tariffs unlawful and protect these businesses from further harm.”
The lawsuit contests the legitimacy of these tariffs. The President used the International Emergency Economic Powers Act (IEEPA) to authorize the "Liberation Day" tariffs and others on Mexico, Canada, and China. However, the lawsuit notes that the act requires a national emergency declaration responding to an "unusual and extraordinary threat" from outside the U.S. The lawsuit argues that a trade deficit is neither an emergency nor a threat to national security, having been present for decades. It also points out that tariffs were imposed on countries with no trade deficit with the U.S., undermining the justification.
The court's ruling on this restraining order will have far-reaching impacts on small businesses, many of which rely on these imports for their operations.
The case, V.O.S. Selections Inc. v. Trump, was brought before the Court of International Trade on April 14, 2025.