October 28, 2025


Justice By Coin Toss: Leading Litigator Neal Katyal to Argue Major SCOTUS Case

In an unusual twist of fate, celebrated attorney Neal Katyal will argue a significant case before the U.S. Supreme Court, following a coin toss decision. The case in question challenges the constitutionality of tariffs imposed by former President Donald Trump. This unique method of decision-making marks a rare event in legal proceedings at such a high level.

Neal Katyal, a partner at Milbank and a veteran of numerous Supreme Court arguments, was selected to represent Learning Resources Inc., an Illinois-based company specializing in educational products. The CEO of Learning Resources, Rick Woldenberg, confirmed the method of selection, emphasizing the importance of the upcoming legal battle scheduled for November 5th. "After a few days of discussion between the parties, Neal Katyal of Milbank was appointed to this role after a coin flip. We are honored to be represented by Neal at this important moment in the case, and are putting all our energy into preparing for the hearing," Woldenberg stated.

This case revolves around the legality of tariffs imposed during the Trump administration, which have been contested by multiple entities citing economic strain and legal overreach. The outcome of this argument could have far-reaching implications for U.S. trade policies and presidential powers concerning economic decisions.

The decision to use a coin toss to choose the lead litigator was seen as an equitable solution by the involved parties, given the stakes of the case and the capabilities of the potential representatives. Katyal's track record and expertise in Supreme Court arguments likely reassured those involved that the case was in capable hands, regardless of the unconventional selection process.

As the legal community and the public eye turn towards this high-profile case, discussions about the appropriateness and potential implications of such a selection method for legal representation in critical cases are expected to surface. Meanwhile, the parties involved are focused on the substantive issues at stake, aiming to challenge and potentially reshape an aspect of U.S. economic policy.

The hearing on November 5th will not only determine the future of the contested tariffs but also potentially set a precedent regarding the selection processes for legal representation in significant legal challenges.