Federal Circuit Appellate Brief Filed in Our Tariff Case

On July 8, the Liberty Justice Center continued its legal battle against the Trump Administration’s unconstitutional “Liberation Day” tariffs by filing a response brief with the U.S Court of Appeals for the Federal Circuit.

The Liberty Justice Center filed a lawsuit against the “Liberation Day” tariffs on April 14, arguing that the Trump Administration cannot use the International Emergency Economic Powers Act (IEEPA) to justify the imposition of across-the-board tariffs. IEEPA does not mention tariffs at all, and even if the legislation did authorize some tariffs, it is limited to emergencies involving an “unusual or extraordinary threat.” Trade deficits—the President’s alleged basis for the tariffs—are not unusual, extraordinary, or an emergency. Furthermore, if IEEPA was interpreted to justify the broad tariffs claimed by the President, then it would raise constitutional separation of powers issues.

In May, the Liberty Justice Center secured a major legal victory when the U.S. Court of International Trade unanimously ruled in favor of its clients, holding that the Trump Administration had unlawfully imposed the tariffs under the guise of emergency economic powers. The federal government has since appealed that ruling to the Federal Circuit—and today’s filing is the LJC’s formal response to that appeal.

The Liberty Justice Center’s legal challenge is joined by leading appellate lawyers and constitutional scholars Judge Michael W. McConnell, Neal Katyal, and Ilya Somin.

“The ‘Liberation Day’ tariffs would be devastating to the economy, to the small businesses we represent, and to the rights of all Americans. The executive branch cannot usurp Congress’s authority to impose tariffs without blatantly violating the separation of powers—and it especially cannot fabricate emergencies to justify that violation. We are proud to continue our fight to hold all levels of government accountable to the people and the nation they serve,” said Jeffrey Schwab, Senior Counsel and Director of Litigation at the Liberty Justice Center.

Oral arguments in the government’s appeal are scheduled for July 31 at 10 am EDT before the U.S. Court of Appeals for the Federal Circuit. The arguments will be available via livestream here. Following the hearing, the Liberty Justice Center will host a media roundtable to discuss next steps in the case and answer questions from members of the press. To RSVP for the roundtable, visit the Liberty Justice Center’s media reservations page here.