Attorney General Ford Announces Court Victory Striking Down Illegal Tariffs

Carson City, NV — Today, Nevada Attorney General Aaron D. Ford announced the U.S. Court of International Trade struck down the tariffs imposed by President Trump’s executive orders under the International Emergency Economic Powers Act (IEEPA). The decision was made in the case State of Oregon, et al., v. Trump, et al.

"I am extremely pleased with the court’s decision to strike down these tariffs; they were both unlawful and economically destructive,” said AG Ford. “The president had no legal authority to impose these tariffs, and his unlawful actions would have caused billions of dollars of damage to the American economy. This decision is a win for the rule of law and for Nevadans’ pocketbooks.

Earlier in May, AG Ford and a coalition of other attorneys general asked the U.S. Court of International Trade to order federal agencies to stop collecting illegal tariffs President Trump imposed on most products worldwide. These tariffs included a 145% tariff on most products from China; a 25% tariff on most products from Canada and Mexico; and 10% tariffs on most products from the rest of the world.

The decision by the court today halts the existing IEEPA tariffs. It also stops President Trump from increasing tariffs, including the threatened 145% tariffs on imports from China and 50% tariffs on imports from the European Union.

Under Article I of the Constitution, only Congress has the “Power To lay and collect Taxes, Duties, Imposts and Excises.” The executive orders cite the powers granted by the International Emergency Economic Powers Act (IEEPA), but that law applies only when an emergency presents an “unusual and extraordinary threat” from abroad. It does not give the president the power to impose tariffs. Congress enacted IEEPA in 1977. No president had imposed tariffs based on IEEPA until President Trump did so this year.

In the case, AG Ford joined the co-lead attorneys general of Oregon and Arizona, as well as the attorneys general of Colorado, Connecticut, Delaware, Illinois, Maine, Minnesota, New Mexico, New York and Vermont.

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