House Democrats’ Litigation Task Force Challenges Trump’s Unlawful, Chaotic Imposition of IEEPA Tariffs in Appeals Court

Washington, D.C. — On Tuesday, House Democrats’ Litigation Task Force led 162 Members of Congress and 29 Senators in filing an amicus brief before the U.S. Court of Appeals for the Federal Circuit challenging President Donald Trump’s sweeping and chaotic tariffs that were unlawfully imposed under the International Emergency Economic Powers Act (IEEPA). The lawmakers’ brief stands up for Congress’s Article I executive legislative powers and argues that the IEEPA is not a tariff statute and that Congress did not intend or provide for the IEEPA to be used as a tariff statute. 

The amicus brief was led by Task Force Co-Chair Jamie Raskin, House Judiciary Ranking Member, Democratic Leader Hakeem Jeffries, Task Force Chair Joe Neguse, and House Foreign Affairs Ranking Member Gregory Meeks, and Ways and Means Ranking Member Richard E. Neal, as well as Senate Foreign Relations Ranking Member Jeanne Shaheen and Senate Finance Ranking Member Ron Wyden. It was filed in the matter of Oregon, et al., v. Trump, et al., which was brought forth by 12 States’ Attorneys General. 

In May, the Task Force successfully filed a brief in the same matter before the Court of International Trade (CIT). The CIT decision referenced our brief and struck down the President’s illegal tariffs under IEEPA. The Administration has now appealed the lower court’s ruling, and the matter is now before the U.S. Court of Appeals for the Federal Circuit. 

“The Constitution grants Congress, not the President, the authority to impose tariffs,” said Ranking Member Jamie Raskin, House Judiciary Committee. “But Donald Trump is trying to give himself unlimited powers to impose chaotic, on-again, off-again tariffs against nearly every country in the world by relying on an emergency powers statute that doesn't even mention tariffs. That’s why we’re going to court—to defend Congress’s constitutional role and stop this reckless abuse of emergency powers. We must act to protect the economy against Trump’s chaotic and impulsive tariffs.”

“Donald Trump promised to lower the cost of living on day one, but instead is raising prices, crashing our economy and driving us toward a recession. He has now imposed and backed away from his reckless tariffs and tax increases on multiple occasions, each time without authorization from Congress. This is unlawful, and it is unleashing harm on hardworking American taxpayers. I am thankful to Rep. Raskin, Rep. Meeks, Rep. Neal, Assistant Leader Neguse and the Litigation Working Group and Rapid Response Task Force for their efforts in leading House Democrats in our strong opposition to this illegal assault on everyday Americans,” said House Democratic Leader Hakeem Jeffries.

“Since the Trump Administration’s declaration of their so-called ‘Liberation Day,’ American families and small businesses have been forced to bear the burden of on-again, off-again tariffs. House Democrats successfully challenged President Trump’s unlawful use of IEEPA once, and we will continue to do so to defend Congress’s constitutional authority,” said Assistant Democratic Leader Joe Neguse.

“The President's abuse of emergency powers to impose tariffs—and the economic harm his tariffs are causing for hard-working Americans—cannot go unchallenged. Our amicus brief convincingly demonstrates that the President has no authority to impose tariffs under IEEPA and that his unprecedented actions must be struck down. We live in a nation governed by the rule of law, not the rule of kings,” said Ranking Member Greg Meeks, House Foreign Affairs Committee.

“President Trump is rattling the economy, hiking costs for families, alienating allies, and empowering our global competitors, never mind that he doesn’t even have the proper authority nor has he consulted with Congress,” said Ranking Member Richard E. Neal, House Ways and Means Committee. “IEEPA was never intended to be used this recklessly, and it’s clear the President and his administration are not up to the task at hand. This baseless trade war must end and the power to oversee and levy tariffs must return to Congress where it belongs.”

“This isn’t a close call – IEEPA doesn’t give the president ANY tariff authority, let alone the power to slap sweeping tariffs on products from almost every country on earth. The courts should strike down Trump’s illegal tariffs, which are hiking prices for American families and threatening American jobs,” said Ranking Member Ron Wyden, Senate Finance Committee.

“The President’s reckless tariff agenda has caused economic chaos and raised prices for families and businesses across the country at a moment in which the cost of living is far too high. The Trump Administration’s unlawful abuse of emergency powers to impose tariffs ignores that he does not have the authority to unilaterally impose the largest tax increase in decades on Americans,” said Ranking Member Jeanne Shaheen, Senate Foreign Relations Committee. “This brief makes clear that IEEPA cannot be used to impose tariffs. We will continue to use all the tools at our disposal to push back against the Administration’s effort to tax goods American households and small businesses rely on.”

The Constitution gives Congress, not the President, the authority to impose tariffs, and the President can only raise tariffs if Congress has clearly delegated its authority to him. Although IEEPA (enacted in 1977) grants the president authority to impose sanctions, block foreign assets, and regulate economic transactions in response to “unusual and extraordinary threats” originating abroad, it is not a tariff statute and has never been used that way. Congress knows how to delegate tariff authority and has clearly done so on a number of occasions. When Congress does delegate such authority, it imposes substantive, procedural, and temporal limits on the president’s power in order to avoid economic chaos and protect the American people. 

The full brief is available HERE.   

For more information on House Democrats efforts to protect Americans against the unlawful actions of the Trump Administration, visit litigationandresponse.house.gov.