A group of five small businesses represented by the Liberty Justice Center filed a lawsuit in the U.S. Court of International Trade alleging that President Trump’s implementation of the so-called “Liberation Day” tariffs of at least 10% on imports from most countries illegally usurped Congress’ power to levy tariffs by claiming that trade deficits with other countries constitute a national emergency. The lawsuit argues that “Congress has not delegated any such power” to President Trump, adding that the “statute the President invokes — the International Emergency Economic Powers Act (‘IEEPA’) — does not authorize the President to unilaterally issue across-the-board worldwide tariffs” and asserts that these trade deficits do not “constitute an unusual and extraordinary threat.”
The plaintiffs include: (1) Genova Pipe in Utah, which makes plastic pipe, conduit, and fittings for plumbing, irrigation, drainage, and electrical application; (2) New York-based VOS Selections, which imports and distributes small-production wines, spirits, and sakes; (3) FishUSA in Pennsylvania, a retail and wholesale e-commerce business making and selling sportfishing tackle and related gear; (4) MicroKits LLC in Virginia, which makes educational electronic kits and musical instruments; and (5) Terry Precision Cycling, a Vermont-based brand of women’s cycling apparel.