Michael McConnell and Neal Katyal Join Our Tariff Litigation Team

On June 25, the Liberty Justice Center announced that leading appellate lawyers and constitutional scholars Michael McConnell and Neal Katyal and their law firms have joined LJC’s legal challenge to the Trump Administration’s “Liberation Day” tariffs, signing on as co-counsel in the lawsuit.

The Liberty Justice Center and co-counsel Ilya Somin filed a lawsuit challenging the tariffs on April 14, arguing that the tariffs represent a dangerous and unlawful violation of the separation of powers. In a major victory for the separation of powers, the U.S. Court of International Trade issued a unanimous ruling on May 28, finding the tariffs illegal and issuing a permanent injunction banning their enforcement.

After the U.S. Court of Appeals for the Federal Circuit granted a motion by the Trump Administration to temporarily stay the injunction pending the appeal, the Liberty Justice Center announced that Judge Michael McConnell, Senior of Counsel at Wilson Sonsini Goodrich & Rosati, and Neal Katyal, Head of Supreme Court and Appellate Practices at Milbank LLP and former Acting Solicitor General of the United States, have formally joined V.O.S. Selections, Inc. v. Trump.

“More than any other case challenging executive action, the tariff cases combine fundamental principles of structural constitutional law with immense consequences for the economy,” said Michael McConnell.  “It is an honor for me and my colleagues at Wilson Sonsini to join in this effort.”

“I’m thrilled to join the Liberty Justice Center and Michael McConnell in this vital litigation,” said co-counsel Neal Katyal. “The President claims that a 1977 law, IEEPA, justifies his sweeping, unilateral tariffs. I used to administer IEEPA for the government, and no one ever thought it authorized what he is doing here. I’ve been privileged to serve as counsel in many of the biggest executive power challenges over the last two decades, both for and against the government. These presidential actions fall on the wrong side of the line. I look forward to vindicating our Founders’ view of the separation of powers, and to restoring the primacy of Congress over such major questions.”

The Liberty Justice Center is pleased to welcome Judge McConnell and Neal Katyal to the team and looks forward to continuing the legal battle against the unconstitutional “Liberation Day” tariffs.

Amicus briefs are due no later than July 8. The U.S Court of Appeals for the Federal Circuit will hold a hearing in the case on July 31, which will be available via livestream.

Immediately following the hearing, the Liberty Justice Center will host a media roundtable to discuss the next steps in the case and answer questions by members of the press. To RSVP for this roundtable, visit the Liberty Justice Center’s media reservations page here.