New Civil Liberties Alliance, a conservative legal group, filed a lawsuit against the Trump administration on Thursday for imposing tariffs on Chinese imports.
Filed in federal court in Florida, the lawsuit alleges that Trump lacked the legal authority to impose the sweeping tariffs unveiled on Wednesday as well as duties authorized on Feb. 1 under the International Emergency Economic Powers Act (IEEPA).
In a news release, the group described the tariffs as “unlawful” and argued that imposing tariffs on Chinese imports placed a heavy burden on American taxpayers.
“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 said.
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A White House spokesperson told FOX Business on Friday that “President Trump has broad authority to impose tariffs to address issues of national emergency, such as the opioid pandemic” and “The Trump Administration looks forward to victory in court.”
NCLA senior litigation counsel Andrew Morris argued that Trump, by imposing heavy tariffs on Chinese imports, had “misused” emergency powers, “usurped Congress’s right to control tariffs, and upset the Constitution’s separation of powers.”
NCLA filed the lawsuit on behalf of Simplified, a Florida-based retailer of home management products.
Trump on Wednesday announced that China would be hit with a 34% tariff, on top of the 20% he imposed earlier this year, bringing the total new levies to 54%.
The lawsuit asks a judge to block implementation and enforcement of the tariffs and undo Trump’s changes to the U.S. tariff schedule.
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The lawsuit says presidents can only impose tariffs with Congress’ permission and under complex trade statutes spelling out how and when they can be authorized.
“Such statutes require advance investigations, detailed factual findings, and a close fit between the statutory authority and a tariff’s scope,” the lawsuit says.
Trump has declared an emergency over China’s alleged complicity in the U.S. opioid epidemic, framing tariffs as a negotiating tool for ending the influx of the deadly drugs.
NCLA said its lawsuit “does not quibble” with 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.”
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The case was assigned to U.S. District Judge Kent Wetherell, a Trump appointee who had halted a key part of former President Joe Biden’s immigration policy in 2023.
FOX Business’ Greg Norman and Reuters contributed to this report.
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