Conservative Legal Group Sues Trump Over China Tariffs

A Koch-backed conservative legal advocacy group filed a lawsuit against the Trump administration on Thursday over emergency tariffs imposed on China.

The New Civil Liberties Alliance (NCLA) filed the legal challenge to President Donald Trump’s “unlawful attempt” to impose tariffs on China under the International Emergency Economic Powers Act of 1977 (IEEPA). NCLA filed the lawsuit in federal court in Pensacola, Florida, on behalf of Simplified, a Pensacola-based company that purchases products from China.

“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,” NCLA said in a release.

Trump on Wednesday announced China would be hit with a 34% tariff, on top of the 20% he previously imposed earlier this year, bringing the total new levies to 54% and close to the 60% figure he had threatened while on the campaign trail.

Chinese exporters will face a 10% baseline tariff, as part of the new 34% levy, on almost all goods shipped to the world’s largest consumer economy from Saturday before the remaining, higher “reciprocal tariffs” take effect from April 9.

NCLA said the lawsuit is the first over Trump’s tariffs on China.

“No prior president ever thought the IEEPA allowed him to set tariffs. Reading this law broadly enough to uphold the China tariff would transfer core legislative power. To avoid that nondelegation pitfall, the court must construe the statute consistent with nearly 50 years of unbroken practice and decide it does not permit tariff setting,” NCLA President Mark Chenoweth said in a statement.

NCLA positions itself as a nonpartisan nonprofit, but it receives financial support from entities affiliated with conservatives Charles Koch and Leonard Leo.

Information from Reuters was used in this report.

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