Twenty-two U.S. states have filed a lawsuit against the Trump administration seeking to block a new round of tariffs introduced by the White House after the Supreme Court ruled earlier duties illegal. The legal challenge adds further uncertainty to U.S. trade policy as officials dispute whether the president has the authority to impose the new tariffs.
The lawsuit was filed Thursday in the U.S. Court of International Trade by 22 state prosecutors and two Democratic governors. The case is led by New York, California, Oregon, and Arizona.
States Challenge Use Of Trade Act Provision
The legal complaint targets the administration’s decision to impose a temporary 10 percent tariff using Section 122 of the Trade Act of 1974.
The White House introduced the tariff shortly after the U.S. Supreme Court rejected many of the duties President Donald Trump had imposed last year.
Section 122 allows a president to impose tariffs of up to 15 percent for up to 150 days without congressional approval under certain circumstances.
State officials argue that the law was not intended to address trade imbalances and that its use in this case is unlawful.
States Argue Tariffs Violate Constitutional Authority
According to the lawsuit, the administration’s action violates the U.S. Constitution because Congress, not the president, holds authority to impose sweeping tariffs.
Arizona Attorney General Kris Mayes criticized the administration’s justification during a news conference announcing the case.
“He’s calling it a fix. It is not,” Mayes said.
“It is the same illegal power-grab under a different statute than he used the last time.”
New York Attorney General Letitia James also criticized the policy in a statement.
“After the Supreme Court rejected his first attempt to impose sweeping tariffs, the president is causing more economic chaos and expecting Americans to foot the bill,” she said.
White House Says Tariffs Are Lawful
The White House defended the move and said it plans to fight the lawsuit in court.
White House spokesman Kush Desai said the administration was acting within powers granted by Congress.
The president was “using his authority granted by Congress to address fundamental international payments problems and to deal with our country’s large and serious balance-of-payments deficits,” Desai said.
Dispute Follows Earlier Supreme Court Ruling
The new lawsuit mirrors an earlier legal challenge filed by a smaller group of 12 state attorneys general.
That earlier case targeted tariffs Trump imposed last year under the International Emergency Economic Powers Act.
Those tariffs began at 10 percent but rose to more than 40 percent on imports from certain countries.
The duties triggered trade negotiations as foreign governments sought reduced rates in exchange for investment commitments and other economic changes.
After the Supreme Court rejected those tariffs last month, the administration announced the new Section 122 tariff.
Possible Tariff Increase Under Consideration
U.S. Treasury Secretary Scott Bessent recently said the administration may increase the tariff rate to 15 percent.
The law allows that level for a limited 150-day period without congressional approval.
California Attorney General Rob Bonta said the new lawsuit could provide relief to businesses and consumers affected by the tariffs.
“The president’s rationale for these unlawful tariffs has gone from unreasonable to ridiculous,” Bonta said during Thursday’s news conference.
Refunds Ordered For Earlier Tariffs
The new legal challenge comes shortly after a federal judge ordered refunds for tariffs previously struck down by the Supreme Court.
On Wednesday, the judge directed U.S. Customs and Border Protection to begin issuing payments to thousands of businesses that had paid the invalidated duties.
Featured image credits: Wikimedia Commons
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