Conservative legal groups have called it an “illegal attempt” to challenge President Donald Trump’s tariffs on China and force Americans to pay higher taxes on Chinese imports.
The New Civil Liberties Alliance (NCLA) filed its first complaint in Florida District Court on Thursday, challenging Trump’s “illegal use of emergency powers to impose tariffs on all imports from China.”
“By calling emergency powers and imposing import duties from China, which the law does not allow, President Trump misused that power, deprived Congress of its right to control tariffs and disrupt the separation of constitutional powers,” said a senior NCLA litigation adviser.
Some countries targeted by Trump’s tariffs are calling for negotiations, and China says there is “no winner in the trade war.”
The new Civil Liberties Union filed its first complaint in Florida District Court on Thursday, challenging President Donald Trump’s “illegal use of emergency powers to impose tariffs on all imports from China.” (Pool)
Trump issued an executive order on February 1, entitled “Imposing the obligation to address the People’s Republic of China’s synthetic opioid supply chain,” and revised it on March 3 to raise tariffs on Chinese imports from 10% to 20%.
Emily Ley, owner of Simplified in Pensacola, Florida, is the owner of Pensacola, Florida, who argues that Trump’s calling the International Emergency Economic Force Act (IEPA) is illegal. The plaintiffs also allege that her business will be harmed as a result of Trump’s actions.
“The important thing about this is that Ieepa doesn’t provide tariff power. Because when Congress does it, they use that word and say the president is supposed to do it.”
Vecchione points out that the complaint portrays the various laws Trump used to impose tariffs in his first term, stating that in this example he is “using the wrong law.”
“here, [Trump] He declares an emergency and says that his tariffs are in line with the emergency and are necessary for the emergency,” Vecchione said.
Trump returns to the American Dream with historic tariff announcement
The lawsuit comes days after President Donald Trump announced his tariff plans in a White House Rose Garden speech at the highly anticipated “American Wealthy Again” event. (AP Photo/Mark Schiefelbein)
The plaintiffs argue that the law allows the president to “order sanctions as a prompt response to international emergency,” but does not allow him to “impose tariffs on American citizens.”
“Therefore, President Trump’s executive order imposing Chinese tariffs is highly ultra-viral and unconstitutional,” the complaint states.
If the President is granted such authority, the group claims that it “has almost unlimited authority to direct Congressional powers over tariffs.”
“He will be empowered to declare a state of emergency based on long-term national issues,” the complaint continues. “We will impose tariffs in the name of that emergency and therefore avoid the detailed constraints imposed on the customs authorities recognized by Congress.”
The NCLA is asking the court to stop the implementation or enforcement of an executive order and to eliminate “all consequential changes” in the customs schedule.
In response to the lawsuit, White House Deputy Director Harrison Fields defended the executive order, telling Fox News Digital, “President Trump has the broad authority to impose tariffs to address issues of national emergency such as the opioid pandemic. The Trump administration is looking forward to winning the courtroom.”
The lawsuit comes days after the president announced his tariff plans in a speech at the White House Rose Garden at the highly anticipated “American wealthy” event.
“Now is our turn to flourish, and in doing so we plan to use trillions of dollars to cut taxes and pay off our national debt,” Trump said on April 2. “It all happens very quickly. With today’s actions, we can finally make America great again.”
How did you reach the release date: See Trump’s past comments on tariffs
“China got it wrong, they panic – one thing they can’t afford to do,” President Donald Trump wrote on True Social Friday. (AP photo/kiichiro Sato)
Trump was joined by several Rose Garden cabinet members on Thursday for his first official presidential event since taking office in January. During his speech, Trump announced that China would suffer a 34% tariff.
In response, China declared retaliatory measures on Friday, saying it would match 34% tariffs on US goods.
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According to the Wall Street Journal, the new tariffs are set to take effect on April 10th.
“China got it wrong, they panic – one thing they can’t afford to do,” Trump wrote on Friday about the true society.
Emma Colton and Greg Norman of Fox News Digital contributed to this report.
Haley Chi-Sing is a political writer for Fox News Digital. You can contact her at X at @haleychising.
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