The New Civil Liberties Alliance, a nonprofit dedicated to challenging what it sees as overreach by the administrative state, initiated a lawsuit against the federal government on Thursday. Their lawsuit targets how the government imposed significant new tariffs on Chinese imports earlier this year.
This legal action marks the first of its kind against the Trump administration regarding tariffs and could lead to a highly anticipated court case. It follows President Trump’s recent announcement on Wednesday of even more comprehensive tariffs affecting several U.S. trading partners globally.
The focus of the lawsuit is on the tariffs President Trump declared on China in February, which were then expanded in March. He invoked a 1970s law, known as the International Emergency Economic Powers Act (IEEPA), which generally gives presidents broad powers during an economic crisis.
President Trump argued that illegal drugs flowing from China posed a threat to the United States. However, the alliance, representing Simplified, a company based in Pensacola, Florida, contends that the administration misused this law. They argue that the legislation isn’t meant for imposing tariffs but is instead intended to set up trade embargoes and sanctions on “dangerous foreign actors.”
Trump used the same law to justify the sweeping global tariffs announced via an executive order on Wednesday. This order increased the tariff rate on China to at least 54 percent, adding to the levies previously imposed.
The executive order specifically named the U.S. trade deficit with other countries as “an unusual and extraordinary threat to the national security and economy of the United States.”
In response, the alliance has asked the U.S. District Court in the Northern District of Florida to halt the enforcement of these earlier tariffs on China. John J. Vecchione, senior litigation counsel for the alliance, remarked, “You can look through the statute all day long; you’re not going to see the president may put tariffs on the American people once he declares an emergency.”
As of now, a representative for the White House has not yet issued a response to the request for comment.