We Won Our Tariff Case!
The Court of International Trade just issued a decision striking down Trump's "Liberation Day" tariffs and other IEEPA tariffs.
IEEPA
Video of Cato Institute Virtual Event on "Tariffs, Emergencies, and Presidential Power"
I spoke along with my Cato colleague Walter Olson.
Thoughts on the Oral Argument in the Oregon Case Against Trump's IEEPA Tariffs
Like that in the similar case filed by Liberty Justice Center and myself, this one indicated judicial skepticism of Trump's claims to virtually unlimited power to impose tariffs.
Forbes Interview on Developments in Our Case and Other Litigation Against Trump's "Liberation Day" Tariffs
I was interviewed by Brittany Lewis of Forbes.
Upcoming Cato Institute Virtual Event on "Tariffs, Emergencies, and Presidential Power"
I will be speaking, along with Cato Institute scholar Walter Olson.
My New Lawfare Article "Trump's 'Emergencies' Are Pretexts for Undermining the Constitution"
The article explains why these claims to emergency powers are illegal and dangerous, and how to stop them.
New Republic Podcast Interview on Our Case Against Trump's "Liberation Day" Tariffs [Updated With Embedded Audio]
Greg Sargent of the New Republic interviewed me.
Thoughts on Today's Oral Argument in Our Case Against Trump's IEEPA Tariffs
Outcomes are hard to predict. But the judges seemed skeptical of the government's claim that Trump has virtually unlimited authority to impose tariffs.
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.
Why the Major Questions Doctrine Applies to the President, Not Just Executive Agencies
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.
How Trump's Tariffs Threaten the Rule of Law
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.
Washington Outsider Report Podcast Interview on the Trump Tariff Litigation
I was interviewed by attorney/podcaster Irina Tsukerman.
New York Times Symposium on "A Road Map of Trump's Lawless Presidency"
I was one of 35 legal scholars who took part.
KQED Interview on Legal Challenges to Trump's Immigration and Tariff Policies
We also covered the issue of the administration's failure to properly obey court orders and the looming threat of a "constitutional crisis."
Pacific Legal Foundation Files Case Challenging Trump's IEEPA Tariffs
PLF is a leading libertarian-leaning public interest organization. Their case is similar to that filed by Liberty Justice Center and myself.
Twelve States File Lawsuit Challenging Trump's IEEPA Tariffs
The suit resembles previous ones on the same subject filed by the state of California, and by the Liberty Justice Center and myself.
Bipartisan Group of Prominent Legal Scholars and Former Government Officials Files Amicus Brief Supporting Our Case Challenging Trump's "Liberation Day" Tariffs
Signers include Steve Calabresi, Harold Koh, Richard Epstein, Michael McConnell, Alan Sykes, former Attorney General Michael Mukasey, and others.
Free Press Symposium on "Is Donald Trump Breaking the Law?"
The degree of agreement among participants with major ideological diferences is striking.
Motion for Preliminary Injunction, Temporary Restraining Order, and Summary Judgement in Our Case Against Trump's "Liberation Day" Tariffs
The motion was filed today, and sets out our case in detail.
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.
Bloomberg and Forbes Podcast Interviews About our Lawsuit Challenging Trump's "Liberation Day" Tariffs
The Liberty Justice Center and I filed the case on Monday.
Cato Institute Podcast on Our Lawsuit Challenging Trump's "Liberation Day" Tariffs
I was interviewed by Caleb Brown of Cato.
California Files Lawsuit Against Trump's Tariffs
They challenge both the "Liberation Day" IEEPA tariffs, and earlier ones imposed on Canada, Mexico and China.
Liberty Justice Center and I File Lawsuit Challenging Trump's "Liberation Day" Tariffs
It was filed today in the US Court of International Trade.
Blackfeet Nation Indians File Lawsuit Challenging Trump's Canada Tariffs
They argue the tariffs violate the constitutional separation of powers and their tribal treaty rights.
The Tariff Madness Isn't Over
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.
Trump Partially Pauses "Liberation Day" Tariffs
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.
NCLA Files Lawsuit Challenging Trump's IEEPA Tariffs Against China
The lawsuit raises nondelegation and major questions doctrine arguments.
Why Trump's "Liberation Day" Tariffs are Illegal
They weren't authorized by Congress and go against the major questions and nondelegation doctrines.
Looking for Plaintiffs to Challenge Trump's IEEPA Tariffs in Court
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.
Challenging Trump's Tariffs Under the Major Question Doctrine
Georgetown law Prof. Jennifer Hillman explains why Trump's tariffs are vulnerable to challenge on this basis.
Challenge Trump's Tariffs Under the Nondelegation and Major Questions Doctrines
Recent Supreme Court precedent suggests such challenges might prevail, though success is not guaranteed.
