AG Brown wins tariffs lawsuit against Trump administration

Attorney General Nick Brown today secured an order invalidating President Trump’s latest efforts to impose illegal tariffs on products purchased by American consumers and businesses. 

A federal court – ruling on a challenge brought by a coalition of 24 states – struck down those tariffs and specifically enjoined their application to Washington state after ruling the other states lacked standing. While the scope of the injunction is limited to Washington and private party plaintiffs, other parties can now protest the tariffs in court and point to this ruling that declares the executive order to be illegal.

“This is a win for both affordability and the rule of law,” Brown said. “It’s American consumers and businesses that have ultimately paid for the president’s illegal tariff campaign. The court’s order will encourage more parties to challenge this illegal executive overreach.”

For more than a year, President Trump has unlawfully attempted to impose tariffs on essential goods purchased by American consumers and businesses. Initially, the President invoked the International Emergency Economic Powers Act – but the Supreme Court ruled those tariffs were unlawful. The President then attempted to use a different law that has never been used before – Section 122 of the Trade Act of 1974 – and imposed 10 percent tariffs on most products worldwide, supposedly in response to trade deficits. 

Today, the U.S. Court of International Trade ruled that those tariffs are illegal, too. Section 122 allows tariffs only when there are “large and serious balance-of-payment deficits.” But no such thing exists – a trade deficit is not a balance-of-payment deficit. As the court ruled, the President’s tariffs proclamation “is invalid, and the tariffs imposed on Plaintiffs are unauthorized by law.” 

Alongside Attorney General Brown, the case was brought by the attorneys general of Oregon, Arizona, California, New York, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Rhode Island, Vermont, Virginia, Wisconsin, and the governors of Kentucky and Pennsylvania.

Read a copy of the ruling here.

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