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Right Wing Group SUES to Stop Tariffs [1]
['This Content Is Not Subject To Review Daily Kos Staff Prior To Publication.']
Date: 2025-04-03
This is an interesting bit of news coming out of left field (or in this case, right field):
https://nclalegal.org/press_release/ncla-sues-to-stop-trump-admin-from-imposing-emergency-tariffs-that-congress-never-authorized/ NCLA Sues to Stop Trump Admin. from Imposing Emergency Tariffs That Congress Never Authorized Washington, DC (April 3, 2025) – Today, the New Civil Liberties Alliance filed the first Complaint challenging President Donald Trump’s unlawful attempt to require Americans to pay a heavy tariff on all products they import from China. President Trump imposed the tariff by invoking the International Emergency Economic Powers Act (IEEPA). However, this statute authorizes specific emergency actions like imposing sanctions or freezing assets to protect the United States from foreign threats. It does not authorize the President to impose tariffs. In its nearly 50-year history, no other president—including President Trump in his first term—has ever tried to use the IEEPA to impose tariffs. NCLA’s lawsuit does not quibble with President Trump’s declaration of an opioid-related emergency, but it does take issue with his decision to impose tariffs in response, without legal authority to do so. Representing Simplified, a Pensacola-based company owned by entrepreneur Emily Ley, NCLA asks the U.S. District Court for the Northern District of Florida to declare the China import tariff unlawful, vacate the increase reflected in the U.S. tariff schedule, and enjoin this tariff’s implementation and enforcement.
There’s a bit more info about NCLA from Raw Story (bolding mine):
https://www.rawstory.com/new-civil-liberties-alliance/ 'Usurped Congress!' Right-wing legal group sues — to stop Trump A right-wing legal advocacy group, usually known for its war on the regulatory state, is filing a lawsuit to stop President Donald Trump's major new pet policy. The New Civil Liberties Alliance is few people's first idea of a Trump foe. Founded in 2017and operating on funding from organizations tied to uber-GOP legal activist Leonard Leo and the infamous "Koch network," the group takes on cases to strike down regulations or strip power from federal agencies— a major priority of Trump himself. The group filed an amicus brief in the landmark Supreme Court case that overturned Chevron deference and let judges disregard legal interpretations of subject matter experts at federal agencies — a major goal for GOP activists ever since Democrats came to dominate administrative agencies.
This is the link to the actual complaint. Noem, Trump and Flores are named as defendants:
nclalegal.org/…
I do like this bit:
5. Even if the IEEPA did permit tariffs in some cases—which it does not—
it still would not permit them here. The IEEPA limits presidents to actions that are
“necessary” to address the specific emergency at hand. Here, President Trump
declared an emergency relating to China because of illegal opioids entering the
United States. But his China Executive Orders show no connection between the
opioid problem and the tariff he ordered—much less that the tariff is “necessary” to
resolve that problem. The means of an across-the-board tariff does not fit the end of
stopping an influx of opioids, and is in no sense “necessary” to that stated purpose.
Anyway, it seems to be breaking news and I haven’t seen it elsewhere.
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