The New Civil Liberties Alliance sued the president Thursday, claiming that Trump’s decision to invoke the International Emergency Economic Powers Act did not give him the power to “usurp” Congress’s right to control tariffs or “upset the Constitution’s separation of powers.”
“It does not authorize the President to impose tariffs,” the NCLA wrote.
The NCLA further argued that Trump had massively overstepped his presidential powers by leaning on the wartime statute.
The group sued Trump on behalf of Simplified, a Florida-based homegoods company whose business relies on imported materials from China, arguing that Trump’s move to impose even more tariffs on China would crush the company’s profits. In a filing in the U.S. District Court for the Northern District of Florida, the NCLA asked the court to declare the tariff unlawful, vacate the increase reflected in the U.S. tariff schedule, and effectively block the tariff in its entirety.
“By 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 Congress’s right to control tariffs, and upset the Constitution’s separation of powers,” stated NCLA senior litigation counsel Andrew Morris.
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