A coalition comprising 24 U.S. states has initiated a significant legal challenge against the Trump administration’s latest tariff measures, marking an escalation in the ongoing constitutional struggle over presidential trade authority. The lawsuit, spearheaded by Democratic attorneys general from New York, California, Oregon, and Arizona, was filed Thursday in the U.S. Court of International Trade.
The legal action emerges just weeks after the Supreme Court invalidated previous tariffs imposed by the administration under the International Emergency Economic Powers Act. In response to that ruling, the White House swiftly implemented a new 10% global tariff utilizing Section 122 of the Trade Act of 1974—a statute the administration claims provides legitimate authority for such measures.
The plaintiffs argue that both the constitutional separation of powers and statutory interpretation principles are being violated. ‘The president’s rationale for these unlawful tariffs has gone from unreasonable to ridiculous,’ stated California Attorney General Rob Bonta during Thursday’s press conference. Arizona Attorney General Kris Mayes characterized the administration’s move as ‘the same illegal power-grab under a different statute.’
White House spokesperson Kush Desai defended the tariffs as a legitimate exercise of congressionally granted authority, stating the administration would ‘vigorously’ defend the measures in court. The administration maintains that Section 122 empowers the president to address balance-of-payments deficits without congressional approval for up to 150 days, with tariff rates potentially reaching 15%.
The legal challenge seeks both injunctive relief to prevent implementation of the new tariffs and refunds for any duties already collected under Section 122. This development occurs alongside a separate federal court order requiring Customs and Border Protection to issue refunds for previously struck-down tariffs, suggesting a developing judicial consensus regarding the limits of presidential trade authority.