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Small businesses sue Trump administration over authority to impose tariffs

Small businesses sue Trump administration over authority to impose tariffs
April 14, 2025
Matthew Kaufman - CNN

(CNN) โ€” A group of US businesses filed a lawsuit Monday arguing that President Donald Trumpโ€™s tariffs are illegal under the International Emergency Economic Powers Act (IEEPA).

The suit was filed in the US Court of International Trade by the Liberty Justice Center, a legal advocacy group arguing on behalf of five businesses that it said have been โ€œseverely harmedโ€ by the tariffs.

The IEEPA gives the president the authority to impose emergency economic powers in response to an โ€œunusual and extraordinary threatโ€ to national security or the economy, criteria that the plaintiffs in this case say has not been met. The complaint also alleges that the law does not allow for the president to unilaterally impose tariffs.

โ€œNo one person should have the power to impose taxes that have such vast global economic consequences,โ€ Jeffrey Schwab, senior counsel at the Liberty Justice Center, said in a statement. โ€œThe Constitution gives the power to set tax ratesโ€”including tariffsโ€”to Congress, not the President.โ€

In a statement to CNN, White House spokesperson Harrison Fields said that trade deficits with other countries constitute a โ€œnational emergency.โ€

โ€œNever Trumpers will always oppose him, but President Trump is standing up for Main Street by putting an end to our trading partnersโ€”especially Chinaโ€”exploiting the U.S,โ€ Fields said. โ€œHis plan levels the playing field for businesses and workers to address our countryโ€™s national emergency of chronic trade deficits.โ€

This isnโ€™t the first legal challenge to Trumpโ€™s sweeping tariffs. On April 3, the New Civil Liberties Alliance (NCLA), a civil rights group, filed a complaint arguing that the IEEPA does not allow a president to enact tariffs. The suit was filed in the US District Court for the Northern District of Florida on behalf of Simplified, a Florida-based company that sells planners with materials imported from China.

โ€œBy invoking emergency power to impose an across-the-board tariff on imports from China that the statute does not authorize, President Trump has misused that power, usurped Congressโ€™s right to control tariffs, and upset the Constitutionโ€™s separation of powers,โ€ Andrew Morris, senior litigation counsel at the NCLA, said in a statement announcing the Simplified suit.

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