“… Monday’s lawsuit challenges Trump’s power to enforce the tariffs. To justify the massive charges, Trump invoked the International Emergency Economic Powers Act (IEEPA), a 1997 law that allows the president to impose economic sanctions to combat an “unusual and extraordinary threat.”
Trump is the very first president to use the IEEPA to impose tariffs.
“Our system is not set up so that one person in the system can have the power to impose taxes across the world economy. That’s not how our constitutional republic works,” Jeffrey Schwab, senior counsel at Liberty Justice Center, which is leading the lawsuit, told
The Hill.
He added: “That is the thing we’re very concerned about. Because today it’s tariffs, but could it be something else in the future.”
… They also find major issues with Trump’s justification for using the IEEPA. “His claimed emergency is a figment of his own imagination: trade deficits, which have persisted for decades without causing economic harm, are not an emergency,” the complaint reads. “Nor do these trade deficits constitute an ‘unusual and extraordinary threat.‘”
…
There are five angry plaintiffs. First, a New York liquor business, which imports spirits from six continents. Next, a Utah manufacturer of plastic services, which brings in materials from Asia. There’s also a Virginia musical instrument company, a Pennsylvania fishing gear business, and a Vermont women’s cycling apparel store, all of which source different items or materials from abroad.
The Liberty Justice Center regularly represents conservative causes and filed the lawsuit in partnership with Ilya Somin, a law professor at George Mason’s law school. The suit was filed in the U.S. Court of International Trade.…”