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House Democrats Challenge Trump's Unlawful Tariffs in Supreme Court

Strategic Insights

— 2 min read

House Democrats, led by Rep. Richard E. Neal, House Ways and Means Committee ranking member, and Rep. Joe Neguse, House Democrats' Litigation Task Force chair, have submitted a bicameral amicus brief to the Supreme Court, challenging President Donald Trump's unlawful tariffs imposed under the International Emergency Economic Powers Act (IEEPA). The lawmakers argue that IEEPA is not a tariff statute and that Congress did not intend or provide for it to be used as such. They contend that Trump's tariffs are hurting Americans, driving up prices for consumers, and crushing small businesses.

Key Takeaways:

  • 171 House Democrats and 36 Senators have joined the litigation against Trump's tariffs, marking a historic bipartisan effort to challenge the administration's actions.
  • The amicus brief argues that IEEPA is not a tariff statute and that Congress did not intend or provide for it to be used as such, citing Article I legislative powers.
  • The brief contends that Trump's tariffs are hurting Americans, driving up prices for consumers, and crushing small businesses.
  • Two federal courts have already sided with House Democrats and affirmed that the authority to impose tariffs belongs to the legislative branch.
  • The brief was submitted in the matter of Oregon, et al., v. Trump, et al., which was brought forth by 12 States' Attorneys General.
  • House Democrats have successfully challenged the administration's unlawful use of IEEPA twice before and intend to do so once and for all before the Supreme Court.
  • The bipartisan brief was signed by Republican Senator Lisa Murkowski, marking the Task Force's first bipartisan legal challenge against the administration.

Statistics:

  • 171 House Democrats have joined the litigation against Trump's tariffs.
  • 36 Senators have signed the amicus brief, including Republican Senator Lisa Murkowski.
  • Two federal courts have already sided with House Democrats and affirmed that the authority to impose tariffs belongs to the legislative branch.
  • 12 States' Attorneys General have brought the lawsuit against the administration.
  • The Trump administration's tariffs have been deemed unlawful by multiple courts, including the Court of International Trade (CIT) and the U.S. Court of Appeals for the Federal Circuit.

Sources:

  • Rep. Richard E. Neal, House Ways and Means Committee ranking member
  • Rep. Joe Neguse, House Democrats' Litigation Task Force chair
  • House Democrats' Litigation Task Force, Bicameral Amicus Brief
  • Oregon, et al., v. Trump, et al.
  • 12 States' Attorneys General
  • Rep. Jamie Raskin, House Democratic Assistant Leader
  • House Foreign Affairs Ranking Member Gregory Meeks
  • Senate Foreign Relations Ranking Member Jeanne Shaheen
  • Senate Finance Ranking Member Ron Wyden
  • Republican Senator Lisa Murkowski

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