Last Month at the Supreme Court | December 2025

Season’s Greetings! The December edition of Last Month at the Supreme Court^®surveys a consequential slate of cases that underscores the Court’s continued focus on the structural limits of judicial power, the finality of federal judgments, and the allocation of authority among the branches of government. This docket places core questions of federal jurisdiction and procedure alongside a high-profile consolidated challenge testing the scope of presidential power to impose trade tariffs under asserted national emergencies.

• On the procedural front, the Court is poised to clarify whether Federal Rule of Civil Procedure 60(c)(1) constrains the ability to set aside default judgments alleged to be void for lack of personal jurisdiction or, more generally, whether jurisdictional defects at the removal stage (when a case is removed from state court to federal court) can unravel final judgments years later.
• Relatedly, the Court will consider the extent to which post-removal developments—including amended pleadings or the erroneous dismissal of non-diverse parties—can defeat complete diversity and undermine the stability of federal adjudication.
• On a more substantive note, the Court’s review of the consolidated Learning Resources and V.O.S. Selections cases places renewed emphasis on separation-of-powers principles, asking whether Congress has authorized the President to impose tariffs under the International Emergency Economic Powers Act—and, if so, whether such authority comports with constitutional limits on legislative delegation.

Taken together, these cases carry significant implications for litigation strategy, forum selection, regulatory enforcement, and business planning across industries. We invite you to read—or listen to—our concise summaries for insight into how the Court’s forthcoming decisions may reshape federal practice and the legal landscape in the year ahead.

For more information, please contact Chantel Febus, James Azadian, Kyle Asher, Mark Magyar, Monika Harris, Ryan VanOver, David Ter-Petrosyan, or Sadie Betting.

Supreme Court Debates Applicability of Federal Rule to Void Default Judgments

On November 5, 2025, the Supreme Court heard oral argument in Learning Resources v. Trump, consolidated with Trump v. VOS Selections (consolidated as No. 24-1287) to consider whether the International Emergency Economic Powers Act (IEEPA) authorizes the President to impose trade tariffs pursuant to declared national emergencies. If the Court concludes that the tariffs are statutorily authorized, the Justices will then decide whether the tariffs constitute an unconstitutional delegation of legislative authority to the President. So far, this is the most important case the Justices have agreed to hear this term.

Read the full synopsis here.  

Supreme Court Weighs Extent of President’s Authority to Impose Tariffs During Proclaimed National Emergencies

On November 5, 2025, the Supreme Court heard oral argument in Learning Resources v. Trump, consolidated with Trump v. VOS Selections (consolidated as No. 24-1287) to consider whether the International Emergency Economic Powers Act (IEEPA) authorizes the President to impose trade tariffs pursuant to declared national emergencies. If the Court concludes that the tariffs are statutorily authorized, the Justices will then decide whether the tariffs constitute an unconstitutional delegation of legislative authority to the President. So far, this is the most important case the Justices have agreed to hear this term.

Read the full synopsis here.

Supreme Court Considers Whether “Final” Judgment Really Means “Final”

In Hain Celestial Group, Inc. v. Palmquist (No. 24-724), the Supreme Court will determine (1) whether a district court’s judgment resolving litigation between completely diverse parties must later be vacated for lack of subject matter jurisdiction if an appellate court subsequently concludes that, at the time the case was removed from state court, the case did not have complete diversity jurisdiction, and (2) whether a plaintiff may block diversity jurisdiction by updating the complaint after removal to include a valid claim against a nondiverse defendant.

Read the full synopsis here.

Grant Alerts

Notable Business Cases the Court Granted Last Month.

Read the full list here.