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Bipartisan Amicus Brief Challenges Trump's Unlawful and Inflationary Tariffs

Strategic Insights

— 2 min read

Ranking member of the Senate Foreign Relations Committee, Senator Jeanne Shaheen (D-NH), along with Senator Ron Wyden (D-OR) and a bipartisan group of lawmakers, including House Democratic Leader Hakeem Jeffries, have filed an amicus brief before the U.S. Supreme Court, challenging President Donald Trump's unlawful use of the International Emergency Economic Powers Act (IEEPA) to impose tariffs on imported goods. The brief argues that the Constitution grants Congress, not the President, the sole authority to impose tariffs and regulate commerce with foreign nations. The lawmakers contend that Trump's tariffs have raised average tariffs to their highest rate since the Great Depression and added more than $1,800 to costs for the average household.

Key Takeaways:

  • The bipartisan amicus brief was led by Senators Jeanne Shaheen (D-NH), Ron Wyden (D-OR), and Lisa Murkowski (R-AK), and House lawmakers including Joe Neguse (D-CO), Jamie Raskin (D-MD), Hakeem Jeffries (D-NY), Richard E. Neal (D-MA), and Gregory Meeks (D-NY).
  • The brief argues that IEEPA does not authorize the President to impose tariffs, and that Trump's emergency declarations are baseless.
  • The lawmakers contend that Trump's tariffs have raised average tariffs to their highest rate since the Great Depression and added more than $1,800 to costs for the average household.
  • The brief points out that Trump's use of IEEPA to impose tariffs undermines the guardrails designed by Congress to prevent executive abuse of tariffs.
  • The lawmakers have already successfully challenged the administration's unlawful use of IEEPA twice, and now intend to do so once and for all before the Supreme Court.

Statistics:

  • Added more than $1,800 to costs for the average household due to Trump's tariffs.
  • Average tariffs raised to their highest rate since the Great Depression.
  • 34 Senators and 171 U.S. Representatives filed the bipartisan amicus brief.
  • Trump's emergency declarations deemed baseless by the lawmakers.
  • IEEPA does not authorize the President to impose tariffs, according to the brief.
  • Two federal courts have already sided with the lawmakers and affirmed that Congress's power to impose tariffs and regulate commerce belongs to the legislative branch.

Sources:

  • Senate Foreign Relations Committee press release (2025)
  • U.S. Supreme Court filing (2025)
  • Senate Democrat release (2025)
  • House Democrats' Litigation Task Force press release (2025)
  • Oregon Attorney General Rayfield press release (2025)
  • Assistant Democratic Leader Joe Neguse press release (2025)
  • Ranking Member Jamie Raskin press release (2025)
  • Ranking Member Richard E. Neal press release (2025)
  • Ranking Member Gregory Meeks press release (2025)

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