Attorney General Raoul Secures Significant Victory In Case Against Tariffs

CHICAGO – Attorney General Kwame Raoul announced the Federal Circuit Court of Appeals upheld a U.S. Court of International Trade ruling that the tariffs imposed by President Trump and challenged by Raoul and a multistate coalition are unlawful. The tariffs include both the “reciprocal” tariffs on nearly all countries worldwide as well as separate tariffs on Canada, Mexico and China that the president claimed were justified by concerns about drug trafficking.

In their ruling, a majority of the Federal Circuit concluded that the federal law the president invoked – the International Emergency Economic Powers Act (IEEPA) – does not authorize the president to impose these tariffs. The Federal Circuit is the latest court to conclude that these tariffs are unlawful. However, the tariffs currently remain in effect.

“I am pleased with the court's decision upholding a Court of International Trade ruling that the president has acted unlawfully and exceeded his authority under the law,” Raoul said. “The rule of law matters, and I will continue to stand with my fellow attorneys general to hold this president accountable.”

In April, Raoul and 11 other attorneys general filed a lawsuit to halt implementation of the illegal tariffs. In their complaint, Raoul and the attorneys general argued that only Congress has the authority to lay and collect taxes and duties on imported goods. The president’s executive orders cite the IEEPA, but the attorneys general explained that the law does not give the president authority to impose these tariffs. It only applies when an emergency presents an “unusual and extraordinary threat” from abroad – not an ongoing problem. The Court of International Trade agreed, calling the orders a “clear misconstruction” of the IEEPA in a May ruling. The court stated that President Trump’s attempt to implement sweeping tariffs “exceeded any authority” granted by the IEEPA.

Raoul was joined in filing the lawsuit by the attorneys general of Arizona, Colorado, Connecticut, Delaware, Maine, Minnesota, Nevada, New Mexico, New York, Oregon and Vermont.

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