A group of business groups and conservative lawyers is preparing legal challenges to President Donald Trump, on the grounds that he does not have legal authority to force them.
The source who is familiar with the effort to say they are preparing to file challenges in the coming weeks, maybe soon after this Friday.
One of the leading legal figures close to Trump told ABC News that there was a “excellent opportunity” of the US Supreme Court would find Trump’s unconstitutional tariff.
The problem is this: Congress, not President, has the power to impose taxes and regulate trade. In imposing this tariff, President Trump quoted the Law on the International Economic Economy (IEEPA) in 1977, which gave the President’s strength to regulate international trade in the event of a national emergency.
But Ieepa – who specifically quoted the power to impose sanctions and seize foreign assets – did not mention the tariff. And, even if someone argues the right to impose an implied tariff, it is not clear what “national emergency” can justify the imposition of global tariffs.
President Donald Trump spoke to reporters on a flight on a trip to Miami, April 3, 2025.
Mandel and/AFP
“There is a strong argument that the tariff charged under Ieepa is invalid or constitutional,” a prominent conservative lawyer who is close to President Trump told ABC News. “Under the special law, the tariff is not registered among the various actions that the President can take in response to the State Emergency Declaration.”
The lawyer added: “And when you combine it with the fact that Article 1, Section 8 [of the Constitution] Clearly giving a strength congress to impose tasks – I think both things in the combination raises a very, very serious legal question. “
Another conservative lawyer who is familiar with the expected legal challenges of Trump tariffs estimates the Supreme Court will rule 9-0 on administration if it reaches a high court.
The lawsuit was filed against 20% sanctions that Trump worn in China earlier this year. The White House quoted Ieepa in imposing the tariff as well, and the President said they responded to China’s failure to stop Fentanyl’s flow to the United States.
The lawsuit was filed in a federal court in Florida last week by the New Liberties Alliance, a conservative law, on behalf of a paper company based in Florida which is called simplified.
Trump tariff is the first time a president is trying to impose a global tariff by quoting Ieepa. The steel and aluminum tariffs worn by Trump in China during his first term of office were narrower and carried out under different Congress authorization. But the action did not specifically give the president of authority to impose tariffs – and it is not clear what an emergency will justify his actions under the law.
The tariff has never been charged before under the emergency strength Trump used here. The tariff he was charged in his first term (and President Joe Biden’s tariff, also) was charged to quote various Authorization of Congress.