Bipartisan Senators and Representatives File Amicus Brief Challenging Trump's Unlawful Tariffs

Strategic Insights -

Bipartisan lawmakers, led by Senator Ron Wyden, have filed an amicus brief with the U.S. Supreme Court to challenge President 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.

Key Takeaways:

  • The amicus brief, signed by over 200 members of Congress, argues that IEEPA does not authorize tariffs and that the president's use of emergency powers to impose duties, taxes, or tariffs undermines Congress's constitutional authority.
  • The brief cites consistent rulings from the Federal Circuit, the Court of International Trade, and the District Court for the District of Columbia, which found the Trump administration's use of IEEPA to impose tariffs unlawful.
  • Senators Wyden, Merkley, and Shaheen, as well as Representatives Suzanne Bonamici, Andrea Salinas, and Maxine Dexter, led the effort to file the amicus brief, which underscores that Congress passed IEEPA to respond to crises, not to create them.
  • The lawmakers argue 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.
  • The Supreme Court filing follows previous amicus briefs filed by lawmakers in June and July, which urged the immediate suspension of the tariffs imposed under IEEPA.

Statistics:

  • Average tariffs have raised prices to their highest rate since the Great Depression.
  • The Trump administration's tariffs have added more than $1,800 to the cost of the average household.
  • The brief has been signed by over 200 members of Congress, including 55 Senators and 148 U.S. Representatives.
  • The IEEPA was enacted in 1977 to respond to crises, not to create tariffs.

Sources:

  • United States Senator Ron Wyden (D-Ore)
  • United States Senator Jeff Merkley (D-Ore)
  • United States Representatives Suzanne Bonamici (D-Ore), Andrea Salinas (D-Ore), and Maxine Dexter (D-Ore)
  • Oregon Attorney General Dan Rayfield
  • Press release from Senator Ron Wyden's office, October 27, 2025
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