12 Us States Decry Trumps blank Check Tariffs in Lawsuit

12 U.S. States Sue Trump Over Tariff ‘Power Grab’

A dozen U.S. states have taken legal action against President Donald Trump, arguing that he overstepped his authority by imposing sweeping tariffs under the guise of a national emergency.

On Wednesday, a three-judge panel at the Manhattan-based Court of International Trade heard arguments from Democratic attorneys general representing states like New York, Illinois, and Oregon. They’re challenging Trump’s use of the International Emergency Economic Powers Act (IEEPA) to justify tariffs on imports from countries that export more to the U.S. than they import.

Brian Marshall, an attorney for Oregon, stated that the president is misusing IEEPA as a “blank check” to regulate trade. “Trump has incorrectly claimed that IEEPA allows him to set tariffs of any amount, on any country, for any length of time, and no court can review it,” Marshall argued.

The law is intended to address “unusual and extraordinary” threats, requiring presidential actions to be closely tied to a specific emergency. According to Marshall, tariffs can’t be used “only for leverage” under IEEPA.

However, Brett Shumate from the Justice Department defended the administration’s actions, stating that using tariffs as leverage is valid under IEEPA. “The purpose of these tariffs is to create pressure,” Shumate said. “The tariffs are right now giving the president the leverage that he needs.”

The judges posed challenging questions to both sides, exploring the extent of the court’s power to review presidential actions. Judge Jane Restani questioned whether any action taken under IEEPA could be stopped by the courts, to which Shumate responded that courts cannot review the reasonableness of the president’s actions once emergency powers are invoked.

The states’ lawsuit is among several challenges to Trump’s tariff policies, including cases filed by businesses, legal advocacy groups, and members of the Blackfeet Nation. Decisions from the Court of International Trade can be appealed up to the U.S. Supreme Court, potentially making this a significant case for international trade laws.

Back To Top