Twelve States File Lawsuit Challenging Trump’s IEEPA Tariffs
Today, twelve blue and purple states, led by the state of Oregon, filed a lawsuit in the US Court of International Trade challenging Donald Trump’s massive IEEPA tariffs. Their complaint is available here. The arguments advanced by the multistate plaintiffs are similar to those presented in the lawsuit the Liberty Justice Center and I presented in a similar lawsuit filed on behalf of five US businesses severely harmed by the tariffs (also filed in the CIT). They also resembled those made by the state of California in a case filed in federal district court.
Like California and us, the twelve states argue that the International Emergency Economic Powers Act of 1977 (IEEPA) doesn’t authorize tariffs at all, and that Trump administration’s position runs afoul of constitutional nondelegation rules (though they shy away from the term “nondelegation.” I think it might help if they were more explicit in indicating the tariffs also go against the”major questions” doctrine, and that the trade deficits that supposedly justify the “Liberation Day” tariffs are not an “unusual and extraordinary threat” (which IEEPA says must be present to allow use of the law). But perhaps they may go into these issues more fully as the case progresses.
I cover these and other reasons why the Trump IEEPA tar
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