A coalition of 24 Democratic attorneys general and governorsfileda lawsuit Thursdayin the U.S. Court of International Trade,targeting President Trump's newly imposed global tariffs under Section 122of the Trade Act of 1974. Gov. Andy Beshear of Kentucky and Gov. Josh Shapiro of Pennsylvania joined as plaintiffs since both states have Republican attorneys general, leaving the governors to step in themselves.
The lawsuit,led by attorneys general from Oregon, New York, California, and Arizona - with 18 additional states piling on -argues Trump invented a legal pretext to keep tariffs alive after the Supreme Court handed him a 6-3 defeat on tariffs last month.
That ruling held that the International Emergency Economic Powers Act (IEEPA) did not authorize tariff-setting, because "regulate" does not encompass taxing power.
TrumpsignedProclamation No. 11012 the same day, slapping a 10 percent ad valorem tariff on most worldwide imports effective February 24 under Section 122, a statute that had never been invoked in the 52 years since its enactment. Treasury Sec. Scott Bessent confirmed on March 4 that the rate would climb to 15 percent — the statutory ceiling — within the week.
"The President is trying to exploit a little-known statute as a means for his tariffs and is again proceeding unlawfully," said California Attorney Rob Bonta.
The named defendants include President Trump in his official capacity, the Department of Homeland Security, and the Secretary. Kristi Noem, U.S. Customs and Border Protection, and Commissioner Rodney S. Scott. Plaintiffs are also requesting a three-judge panel given the constitutional stakes under28 U.S.C. § 255.
Despite the lawsuit, it has been clear since that, despite the Supreme Court ruling saying that Trump couldn’t implement tariffs under IEEPA, he had other statutes under which he could.
"The administration has other tools in its toolbox," Constitutional law scholar Jonathan Turley told Fox News last month after the Supreme Court ruling. "It can actually impose tariffs under other statutes, so this fight is hardly over for the administration when it comes to tariffs."
Johnathan Turley after SCOTUS rules against Trump tariffs,"The administration has other tools in its toolbox. It can actually impose tariffs under other statutes"pic.twitter.com/4EXmW1d1Gh
With that in mind, the White House does not seem rattled by the lawsuit.
Source: ZeroHedge News