Dear Commons Community,
A conservative advocacy organization financed by billionaire Republican mega-donor Charles Koch is representing a Florida company that is suing President Donald Trump for imposing tariffs on all imports from China, describing Trump’s move as an unlawful power grab. As reported by USA Today and MSNBC.
“A tariff is a tax on Americans’ commerce with other countries,” the New Civil Liberties Alliance wrote in its legal complaint, filed on behalf of Simplified, a Florida-based business that sells organizational tools such as paper-made planners. “The Constitution assigns Congress exclusive power to impose tariffs and regulate foreign commerce.”
The New Civil Liberties Alliance, which is also affiliated with prominent right-wing legal activist Leonard Leo’s network, describes its mission as combatting “unlawful administrative power.”
Trump has issued a series of tariffs against China as part of an escalating trade war since taking office Jan. 20. The latest – 104% tariffs against the economic superpower – will go into effect at 12:01 a.m. EDT today, the White House has said.
Although the Constitution states that Congress “shall have Power To lay and collect Taxes, Duties, Imposts and Excises,” Trump has claimed authority to impose the tax on Chinese companies exporting goods to the U.S. under the International Emergency Economic Powers Act. That law lets the president regulate economic transactions after declaring a national emergency.
In a Feb. 1 executive order, Trump said he was declaring a national emergency under the act based on an “extraordinary threat posed by illegal aliens and drugs, including deadly fentanyl.” He set 25% tariffs on Canadian and Mexican imports and an additional 10% tariff on Chinese imports. Since then, China and the U.S. have engaged in a spiraling war of retaliatory tariffs.
But Trump’s executive orders targeting China for tariffs have no connection to the opioid problem that he pointed to as the basis for his authority, according to the lawsuit, which was filed Thursday in a Florida federal court.
“In fact, President Trump’s own statements reveal the real reason for the China tariff, which is to reduce American trade deficits while raising federal revenue,” according to the lawsuit.
If courts allow Trump “to bypass the statutory scheme for tariffs, the President will have nearly unlimited authority to commandeer Congress’s power over tariffs,” the New Civil Liberties Alliance wrote on behalf of Simplified.
“President Trump has broad authority to impose tariffs to address issues of national emergency, such as the opioid pandemic,” White House spokesperson Harrison Fields told USA TODAY in response to the lawsuit. “The Trump Administration looks forward to victory in court.”
Trump’s escalating tariffs threaten to create a wedge between him and some fellow Republicans.
When the Senate passed a resolution April 2 to lift Trump’s tariffs on Canadian goods, four Republicans joined with Democrats to vote for the measure. Seven Republican Senators also cosponsored a bill with Democrats that would limit Trump’s ability to impose tariffs without getting congressional buy-in.
The White House didn’t immediately respond to a request for comment.
Sorry Charles but Trump is your guy!
Tony
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