( The Hill ) — President Trump was sued Thursday above the 20 percent tariffs he put on Chinese products in the period just before Wednesday’s broader announcement.
This represents the initial recognized legal challenge against Trump's tariffs, which have kept a campaign pledge and shook up stock exchanges.
The lawsuit challenges Trump’s application of the International Emergency Economic Powers Act of 1977 (IEEPA), asserting that this legislation permits actions like asset freezes and related economic penalties, rather than tariff imposition.
"The lawsuit asserts that Congress enacted the IEEPA to address foreign emergencies, rather than to provide presidents with unlimited authority to shape domestic economic policies," it says.
The lawsuit was filed by the New Civil Liberties Alliance (NCLA), a conservative legal advocacy organization, on behalf of Simplified, a Florida-based small enterprise that deals with planners and imports goods from China.
Submitted to the federal court in Pensacola, Florida, the lawsuit requests a judge to rule Trump’s Chinese tariffs as illegal and seeks an injunction against their enforcement.
Trump first introduced a 10 percent tariff on Chinese products through an executive order dated February 1st. And subsequently increased it twofold through an additional directive released on March 3rd.
Both preceded Trump’s larger tariff announcement on Wednesday. which imposes a 10 percent overall tariff on goods entering the U.S., with increased rates for many different nations. It imposed an extra 34 percent tariff on China, resulting in a cumulative rate of 54 percent.
"But throughout the nearly 50-year history of the IEEPA, no prior president has utilized it to levy tariffs. This isn’t unexpected, as the legislation doesn’t make any reference to tariffs and provides no indication that it grants presidents the authority to taxed American citizens," the lawsuit asserts.
The Hill has contacted the White House seeking their input.
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