My New Lawfare Article on "The Constitutional Case Against Trump's Trade War"
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.
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.
Recent Supreme Court precedent suggests such challenges might prevail, though success is not guaranteed.