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.

(NA)

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 tariffs are illegal in more detail in my recent Lawfare article, "The Constitutional Case Against Trump's Trade War."

While our lawsuit is limited to the massive "Liberation Day" tariffs, the multistate plaintiffs - like California - also challenge earlier IEEPA tariffs imposed on Canada, Mexico, and China, supposedly justified by the threat of fentanyl smuggling. I argued that these tariffs are also illegal in a February post where I first outlined the idea of challenging IEEPA tariffs under the nondelegation and major questions doctrines.

There are also two narrower lawsuits challenging the Trump IEEPA tariffs: one brought by the New Civil Liberties Alliance (challenging tariffs against China on behalf of an importer), and one brought by members of the Blackfeet Nation Native American tribe (challenging tariffs against Canada). I expect there will be more lawsuits filed by other groups.

We welcome the twelve states to this fight!

It's impressive this issue has united such a diverse array of people and institutions, including the conservatives at the NCLA, libertarians like myself and many of the LJC lawyers I am working with, blue and purple state governments, Native Americans, and a bipartisan group of prominent legal scholars and former government officials.

Trump's tariff power grab has brought us all together. Perhaps he alone could do it!

Comments

[Old Smokin' Egg]

It's unfortunate, though hardly surprising, that the blue-state governments are doing their best to avoid acknowledging the nondelegation and major-questions doctrines. What they're looking for, in fact, is a magic bullet that can be used against Trump's executive orders, while placing no impediment in the way of future Bidens using such orders to impose things like eviction moratoria and student-loan forgiveness.

Similarly, it's a great pity that the D's in Congress can't get together with the saner elements of the Republican party to pass legislation significantly curtailing the power of the President to rule by ukase during states of emergency. Unfortunately, it appears that the partisans of both sides want to preserve those powers for Presidents belonging to their own parties, even at the cost of granting them to Presidents from the opposite side.

[Zarniwoop]

Old Egg:

the blue-state governments are doing their best to avoid acknowledging the nondelegation and major-questions doctrines.

OP:

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."

Maybe not the strategy I'd employ before the S.Ct., but the OP indicates that nondelegation is the core of that argument.

[Incunabulum]

The problem is the D's are themselves insane or fighting the insane to keep their jobs.

And none of them (on either side of the aisle)want a general curtailment of executive power because the would mean they would they would start having to work for a living.

[MollyGodiva]

This has nothing to do with nondelegation or major-questions doctrines. IEEPA does not authorize Trump to do what he is doing. This is a federal law case, not a constitutional one.

[Incunabulum]

Well, they're not an 'unusual' threat if for no other reason than the USG has tolerated them for so long.

But by that logic, extending it to firearms, guns banned by the government would always be banable because, by virtue of the ban keeping them out of people's hands, would always remain 'unusual'.

[Zarniwoop]

Hey all y'all who whinge about nationwide injunctions:

Would you be OK with tariffs only applying to imports/exports to/from red states?

Because I'm pretty sure Michigan would LOVE to be able to import car parts that are 25% cheaper than parts sent to Alabama.

Maybe only the blue/purple states who are parties to this suit should get relief from the tariffs. Red states can join the lawsuit if they want, after all.

[Zarniwoop]

Standing! What about standing?

Before the knee-pad wearers whinge about the states lacking standing due to damages being "speculative" - the allegations concern actual dollars (not anti-abortion folks having a fainting spell, per AHM):

That has already occurred. On November 8, 2024, the University of Oregon purchased a cryogenic single-photon counting detector system from ID Quantique, Inc., for its Center of Optics. At that time, the purchase price was $182,733. IDQ shipped the cryogenic
system from Switzerland on April 8. At that time, the additional “reciprocal” tariff scheduled to go into effect for imports from Switzerland was 31 percent. The system arrived after the announced pause, resulting in the lower—but still substantial—10 percent worldwide tariff collected at the port by U.S. Customs and Border Protection. As a result of that additional tariff, the customs broker required the University of Oregon to pay an additional $18,579 before it would deliver the cryogenic system.

Ope, there's standing for a plaintiff. Next?

[MollyGodiva]

This brief outlines why IEEPA does not authorize Trump to do what he is doing.

https://libertyjusticecenter.org/wp-content/uploads/Stamped-Motion-and-Brief.pdf

[Dan Schiavetta]

The Framers, mature men who had sacrificed a great deal, and put themselves in great personal danger, did not consider the possibility of a child as President. Such was surely the world of monarchies (e.g., Richard II.)