IL Among 25 States To Sue Trump, Arguing New Tariffs Unlawful

Illinois Attorney General Kwame Raoul, as part of a coalition of officials from 25 states, filed a third lawsuit over President Donald Trump’s latest efforts to impose tariffs on American consumers and businesses, Raoul’s office announced Monday.

The lawsuit contends Trump’s most recent round of tariffs exceeds his administration’s legal authority and violates the Administrative Procedure Act, according to Raoul’s office, which added the case was filed in the U.S. Court of International Trade.

“For the third time, I stand with my colleagues across the country to fight the Trump administration’s illegal tariffs. And we will continue this fight as long as the administration attempts to force its tariffs upon American consumers and businesses,” Raoul said in a news release.

“The Court of International Trade and the U.S. Supreme Court have already found the Trump tariffs to be unlawful, and we are confident we will prevail this third time.”

The U.S. 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 Trump had turned to after the Supreme Court struck down import taxes in February.

Multiple Tariffs, Multiple Legal Battles

Trump, who argues that high tariffs will revive American manufacturing, last year overturned decades of U.S. policy that favored lower tariffs and ever-freer trade. Invoking the 1977 International Emergency Economic Powers Act he imposed double-digit tariffs on imports from almost every country, saying America’s longstanding trade deficit amounted to a national emergency.

But the Supreme Court ruled that IEEPA did not authorize tariffs. The decision forced the administration to send refunds to importers who’d paid the tariffs. Eager to make up the lost revenue, Trump turned to temporary 10 percent worldwide tariffs. But they expired at midnight on July 24.

Now he’s tapping more durable tariffs under Section 301 of the Trade Act of 1974, which permits the president to impose import taxes and other sanctions against countries found to engage in unfair trade practices. Trump used Section 301 to impose big tariffs on China in his first term, and they survived court challenges.

The administration invoked Section 301 to impose the forced-labor tariffs, which range from 10 percent to 12.5 percent and hit countries that provide 99 percent of American imports.

“The United States is using its lawful authority to obtain the elimination of unreasonable acts, policies, and practices that burden U.S. commerce,” White House spokesman Kush Desai said. “A foreign country’s failure to impose and effectively enforce a prohibition on the importation of goods produced with forced labor is unreasonable and burdens U.S. commerce, including American workers, and must be addressed. Section 301 tariffs have proven to be a legally durable tool since the President’s first term, and they remain so now.”

The states’ lawsuit follows two other lawsuits filed in the Court of International Trade in July by small businesses that also challenged the 301 tariffs.

Joining Raoul in filing the lawsuit are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Massachusetts, Maryland, Maine, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, Washington and Wisconsin, as well as the governors of Kentucky and Pennsylvania, the news release said.

The Associated Press contributed to this story.