Democratic US states sue to challenge Trump’s latest tariffs

NEW YORK - A group of 25 Democratic-led US states sued President Donald Trump’s administration on Aug 3, arguing that the president’s latest round of tariffs on goods from 60 trading partners, like most of his earlier sweeping tariffs, exceeds his legal authority to tax imports.

The states’ lawsuit filed in the US Court of International Trade in New York follows previous challenges by small US businesses, which sued to block the tariffs on the day they went into effect in July.

States and small businesses have successfully challenged previous global tariffs imposed by Trump in his second term, but the president has continued to pursue new tariffs despite a series of legal setbacks.

The ​Trump administration on July 24 imposed new tariffs of 10 per cent and 12.5 per cent on 60 trading ‌partners, including the European Union, over allegations that they were not doing enough to stop the export of goods produced with forced labour.

The tariffs went into effect just as a previous 10 per cent global tariff expired.

The states that sued, including Oregon and New York, all have Democratic attorneys-general or governors.

“Despite losing every step of the way, Trump is trying yet again to inflict more chaos on working families and homegrown Oregon businesses,” Oregon’s Attorney-General Dan Rayfield said in a statement.

The White House did not immediately respond to a request for comment.

Trump has made tariffs ​a central pillar of his foreign policy, even after a stinging defeat in the US Supreme Court.

The US Supreme Court ruled against most of Trump’s widest-ranging tariffs on Feb 20, finding that the International Emergency Economic Powers Act (IEEPA) does not authorise the president to unilaterally impose tariffs on trading partners.

Trump responded to that ruling by escalating his trade war, calling Supreme Court justices “disloyal” and issuing new temporary 10 per cent tariffs under a different legal authority that, like IEEPA, no president had previously used to impose tariffs.

Those tariffs were also ruled illegal by the US Court of International Trade, but they remained in effect while the Trump administration appealed.

The latest round of global tariffs was imposed under Section 301 of the Trade Act of 1974, which is meant to combat unfair or discriminatory economic practices by other nations.

The tariffs imposed in July affect over 99 per cent of US imports. Unlike IEEPA or the temporary global tariff authority, Section 301 has been used by past presidents.

But the states and small businesses said in their lawsuits that Section 301 tariffs have historically been targeted to address specific nations and industries, and Trump’s broad-brush approach has no historical precedent.

The states’ complaint, like two previous lawsuits filed by small businesses over the tariffs, also argued that the new tariffs used “forced labour” as a pretext to re-impose the tariffs that had already been ruled illegal in court.

They said that a sweeping tax on imports would do nothing to address the real problems of forced labour around the world. REUTERS