NPR Interview on Legal Challenges to Trump's IEEPA Tariffs
Steve Inskeep of NPR interviewed me about the case against Trump's "Liberation Day" tariffs.
Steve Inskeep of NPR interviewed me about the case against Trump's "Liberation Day" tariffs.
This is a key issue in cases seeking to limit executive branch power grabs, including Trump's tariffs. Judge Ryan Nelson (a conservative Trump appointee) explains why the president is not exempt from the doctrine.
By giving one man the power to impose massive tariffs anytime he wants, Trump's policy undermines the predictability and impartiality that the rule of law requires.
I was interviewed by attorney/podcaster Irina Tsukerman.
I was one of 35 legal scholars who took part.
We also covered the issue of the administration's failure to properly obey court orders and the looming threat of a "constitutional crisis."
PLF is a leading libertarian-leaning public interest organization. Their case is similar to that filed by Liberty Justice Center and myself.
The suit resembles previous ones on the same subject filed by the state of California, and by the Liberty Justice Center and myself.
Signers include Steve Calabresi, Harold Koh, Richard Epstein, Michael McConnell, Alan Sykes, former Attorney General Michael Mukasey, and others.
The degree of agreement among participants with major ideological diferences is striking.
The motion was filed today, and sets out our case in detail.
It explains why the IEEPA "Liberation Day" tariffs are illegal and how our case against them relates to the other three cases challenging Trup's tariffs.
The Liberty Justice Center and I filed the case on Monday.
I was interviewed by Caleb Brown of Cato.
They challenge both the "Liberation Day" IEEPA tariffs, and earlier ones imposed on Canada, Mexico and China.
It was filed today in the US Court of International Trade.
They argue the tariffs violate the constitutional separation of powers and their tribal treaty rights.
Even after Trump paused some of his new tariffs for 90 days, we still have the highest average tariffs in over a century and the biggest trade war since the Great Depression. Real relief will only come if Congress or the courts deny Trump the power to do this.
But 10% tariffs are still being imposed on nearly all countries, without any letup. And we are still moving ahead with our lawsuit challenging them.
The lawsuit raises nondelegation and major questions doctrine arguments.
They weren't authorized by Congress and go against the major questions and nondelegation doctrines.
The Liberty Justice Center and I are looking for appropriate plaintiffs to bring this type of case. LJC (a prominent public interest law firm) can represent them pro bono.
Georgetown law Prof. Jennifer Hillman explains why Trump's tariffs are vulnerable to challenge on this basis.
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