A group of business groups and conservative lawyers are preparing a legal challenge to the tariffs of President Donald Trump, arguing that he does not have the legal authority to impose them.
Sources familiar with effort say they are preparing to present the challenge in the coming weeks, possibly as soon as this Friday.
A prominent legal figure close to Trump told ABC News that it is “a very good possibility” that the United States Supreme Court considers that Trump’s tariffs are unconstitutional.
The problem is this: Congress, not the president, has the power to impose taxes and regulate trade. When imposing these rates, President Trump cited the International Law of Emergency Economic Powers of 1977 (IEEEPA), which gives the President Power to regulate international trade in case of a national emergency.
But the IEEPA, which specifically quotes the power to impose sanctions and seize foreign assets, does not mention the rates. And, even if one argues that the right to impose tariffs is implicit, it is not clear what “national emergency” could justify the imposition of global tariffs.
President Donald Trump talks to journalists while on flights on the road to Miami, on April 3, 2025.
Mandel and/AFP
“There is a strong argument that tariffs imposed under IEEEPA are not legal or constitutional,” said a leading conservative lawyer close to President Trump to ABC News. “Under that particular statute, tariffs are not among the various actions that a president can take in response to the declaration of an emergency of the nation.”
The lawyer adds: “And when he combines that with the fact that article 1, Section 8 [of the Constitution] Clearly gives Congress the power to impose functions, tariffs, I believe that these two things in combination raise a very, very serious legal question. “
Another conservative lawyer familiar with the expected legal challenge to Trump’s tariffs predicted that the Supreme Court would refer to 9-0 against the Administration if it reaches the Superior Court.
There has already been a lawsuit against the 20% sanctions that Trump imposed to China earlier this year. The White House cited IEEPA by imposing these rates too, and the president said they were in response to China’s failure to stop the Fentanyl flow in the United States.
The lawsuit was filed in a federal court in Florida last week by the New Civil Alliance Liberties, a conservative legal, on behalf of a Florida paper company called Simplified.
Trump tariffs are the first time a president tries to impose global tariffs citing the IEEPA. The steel and aluminum rates that Trump imposed on China during his first term, where narrower and more than a different authorization from Congress. But that act does not specifically give the President the authority to impose tariffs, and it is not clear what the emergency that would justify his actions under the law is.
Tariffs have never previously imposed under the emergency power that Trump is using here. The rates imposed on his first mandate (and President Joe Biden’s rates were also imposed by citing different authorizations of the Congress.
