Bipartisan Lawmakers File Amicus Brief to Stop Trump's Unlawful Tariffs

Lawmakers in the United States Senate and House of Representatives have filed a bipartisan amicus brief to the Supreme Court, arguing that the International Emergency Economic Powers Act (IEEPA) does not authorize tariffs imposed by President Trump. The tariffs, which have raised average costs by $1,800 for the average household, have been deemed unlawful by federal courts. The brief, signed by U.S. Senator Ron Wyden, U.S. Senator Jeff Merkley, and U.S. Representatives Suzanne Bonamici, Andrea Salinas, and Maxine Dexter, among others, argues that Congress has the sole authority to impose tariffs and regulate commerce with foreign nations.

Key Takeaways:

• The bipartisan amicus brief, led by U.S. Senator Ron Wyden, argues that IEEPA does not authorize tariffs imposed by President Trump.
• The tariffs, imposed under IEEPA, have raised average costs by $1,800 for the average household, increasing uncertainty and raising prices for people across the country.
• The lawmakers' brief underscores that IEEPA's narrow emergency powers do not authorize the President to impose duties, taxes or tariffs and that using IEEPA in this way undermines guardrails designed by Congress to prevent executive abuse of tariffs.
• Federal courts, including the Federal Circuit, the Court of International Trade, and the District Court for the District of Columbia, have consistently found the Trump administration's use of IEEPA to impose tariffs to be unlawful.
• The brief argues that Congress has the sole authority to impose tariffs and regulate commerce with foreign nations, as granted by the Constitution.
• The lawsuit, Learning Resources et al. v. Trump and Trump v. V.O.S. Selections et al., challenges the Trump administration's use of IEEPA to impose tariffs on imported goods.

Statistics:

• The average cost tariffs have raised for the average household: $1,800.
• Number of federal courts that have found the Trump administration's use of IEEPA to impose tariffs to be unlawful: 3 (Federal Circuit, Court of International Trade, and District Court for the District of Columbia).
• Number of lawmakers who signed the amicus brief: 33 Senators and 168 U.S. Representatives.
• Number of IEEPA emergency powers that do not authorize tariffs: 4 (duties, taxes, or other levies).

Sources:

• Mil-OSI USA News (http://milnz.co.nz/mil-osi-aggregation/)
• U.S. Representative Andrea Salinas (OR-06) Amicus brief to the Supreme Court
• U.S. Senator Ron Wyden
• U.S. Senator Jeff Merkley
• U.S. Representatives Suzanne Bonamici, Andrea Salinas, and Maxine Dexter
• Attorney General Dan Rayfield