“25 states sue over Trump’s new tariffs, calling them ‘pretext’ to replace his old ones”
What actually happened
Twenty-five states filed suit in the Court of International Trade against tariffs the administration imposed last month under Section 301 of the Trade Act of 1974, targeting countries accused of tolerating forced-labor imports. Twenty-five states sued the Trump administration Monday over its latest tariffs, calling them a pretext for replacing import taxes the Supreme Court struck down in February. The United States last month imposed double-digit tariffs on 59 countries and the European Union, charging that they had not done enough to crack down on imports produced by forced labor. The new tariffs took effect just as the clock ran out on temporary tariffs President Donald Trump had turned to after the Supreme Court defeat.
Key facts
- The Supreme Court ruled that IEEPA did not authorize tariffs, forcing the administration to send refunds to importers who'd paid them.
- Trump then turned to temporary 10% worldwide tariffs, which expired at midnight July 24.
- The Section 301 forced-labor tariffs range from 10% to 12.5% and hit countries that provide 99% of American imports.
- Separately reported: the newest tariffs also directed the USTR to investigate roughly 80 countries over forced-labor enforcement.
- The states' lawsuit follows two other lawsuits filed in the Court of International Trade in July by small businesses also challenging the 301 tariffs.
What to watch for
- Watch whether the court treats Section 301's decades of prior use (including surviving China-tariff challenges in Trump's first term) as a shield, since a law professor noted the challenges stem from the tariffs being the third attempt at similar worldwide tariffs under different statutes, and their "nearly copy-pasted" nature could pose a challenge to defend in court, but Section 301 itself, unlike IEEPA, has clear statutory precedent.
- The real legal fight will turn on procedure, not power: "The government's defense won't be 'I had no power to do this.' It will be, 'I stayed inside the lines Congress drew.'"
ABC News (AP wire): 25 states sue over Trump’s new tariffs, calling them ‘pretext’ to replace his old onesBangor Daily News (AP): 25 states sue over Trump’s new tariffs, calling them ‘pretext’ to replace his old onesCBS News: 25 states sue Trump administration over latest round of tariffsSpectrum News: 25 states sue Trump over new, Section 301 tariffs
