Bipartisan Senators File Supreme Court Brief to Challenge Trump's Unlawful Tariffs

Sen. Jack Reed, along with over 200 members of Congress, has filed a brief with the U.S. Supreme Court to challenge President Donald Trump's authority to impose tariffs without permission from Congress. This move comes ahead of a November U.S. Supreme Court hearing on the case Learning Resources et al. v. Trump, which challenges Trump's use of the International Emergency Economic Powers Act (IEEPA) to impose tariffs on imported goods. The senators argue that the Constitution grants Congress the sole authority to impose tariffs and regulate commerce with foreign nations, and that Congress did not delegate that power to the President under IEEPA.

Key Takeaways:

• The bipartisan senators' brief argues that the Constitution grants Congress the sole authority to impose tariffs and regulate commerce with foreign nations, and that Congress did not delegate that power to the President under IEEPA.
• The brief notes that the Trump Administration's recent tariffs were not imposed through trade statutes in which Congress did delegate tariff authority to the President, such as Section 232 of the Trade Expansion Act of 1962.
• The Trump Administration has imposed tariffs under IEEPA, a law originally intended to restrict financial transactions with hostile foreign actors during national security emergencies.
• The brief argues that the President's use of IEEPA to impose tariffs without Congressional input or a transparent policy process is an unlawful executive overreach that harms Americans' financial interests and undermines Congress's constitutional authority.
• The brief is supported by 171 members of the U.S. House of Representatives and 34 other U.S. Senators, including U.S. Senator Lisa Murkowski (R-AK).
• The Supreme Court filing follows consistent rulings from three key courts: The Federal Circuit; the Court of International Trade; and the District Court for the District of Columbia, which all found the Trump Administration's misuse of IEEPA to impose tariffs to be unlawful.

Statistics:

• Average tariffs on imported goods have increased to their highest rate since the Great Depression.
• The tariffs imposed by President Trump would cost households almost $2,400 more a year, according to the Yale Budget Lab.
• Over 200 members of Congress have signed the amicus brief challenging President Trump's authority to impose tariffs without permission from Congress.
• 171 members of the U.S. House of Representatives and 34 other U.S. Senators, including U.S. Senator Lisa Murkowski (R-AK), have signed the brief.
• President Trump has imposed tariffs on imported goods under IEEPA, a law originally intended to restrict financial transactions with hostile foreign actors during national security emergencies.
• The Supreme Court hearing on the case Learning Resources et al. v. Trump is set to begin on November 5.

Sources:

• Senator Jack Reed's news release, "Bipartisan U.S. Senators File Supreme Court Brief Urging High Court to Strike Down Trump's 'Emergency' Tariffs"
• https://www.reed.senate.gov/news/releases/bipartisan-us-senators-file-supreme-court-brief-urging-high-court-to-strike-down-trumps-emergency-tariffs