The Volokh Conspiracy

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Tariffs

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.

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I have previously written about how Trump's abusive use of the  International Emergency Economic Powers Act of 1977 (IEEPA) to start a massive trade war can be challenged under the major questions and nondelegation doctrines. See also this analysis by Georgetown law Prof. Jennifer Hillman.

The Liberty Justice Center, a prominent public interest law firm with extensive experience litigating economic liberties issues, is looking for an appropriate plaintiff (or group of plaintiffs) to file this kind of case. They can provide representation pro bono, for the right type of client. LJC has litigated and won many important cases related to economic freedom, most notably Janus v. AFSCME (2018), a major Supreme Court decision vindicating the rights of public employees to be free of mandatory union dues.  I myself will assist LJC, as may be needed - also on a pro bono basis.

LJC Senior Counsel Jeffrey Schwab has authorized me to post this description of the types of plaintiffs they are looking for:

I think the ideal client would be a privately-held company affected by the tariffs that imports materials directly from one of the countries subject to the tariffs imposed by Trump under the IEEPA. The company doesn't have be considered a small business, but since I suspect many small businesses will be disproportionately harmed by the tariffs, that may be an ideal plaintiff. We may also be able to represent a business that imports goods through a third party like a wholesaler. But a business that directly imports goods would be ideal because it would make it easier to get standing. We would also not be opposed to representing more than one plaintiff, but I think the max would be 4 or 5.

Trump has imposed IEEPA tariffs on Canada and Mexico, and tariffs on many more countries are likely imminent. If you are a business owner or representative of one who  fits the description above and wishes to pursue this issue, please contact Jeffrey Schwab, or myself.