Washington, D.C. —  Late Monday, House Democrats’ Litigation and Rapid Response Task Force led 148 Members of Congress in filing an amicus brief challenging President Donald Trump’s sweeping and chaotic tariffs unlawfully imposed under the International Emergency Economic Powers Act (IEEPA). The lawmakers’ brief stands up for Congress’s Article I exclusive legislative power to impose tariffs and regulate commerce, and argues that IEEPA does not give the President the power to impose reckless, on-again-off-again tariffs, which have wreaked havoc on the U.S. economy.

The amicus brief was led by Task Force Co-Chairs Joe Neguse and Ranking Member Jamie Raskin; House Democratic Leader Hakeem Jeffries; and Ranking Members Gregory Meeks of the Committee on Foreign Affairs, and Richard E. Neal of the Committee on Ways and Means. It was filed in the matter of Oregon, et al., v. Trump, et al. which was brought forth by 12 States’ Attorneys General. 

“Donald Trump promised to lower the cost of living on day one, but instead is raising prices, crashing our economy and driving us toward a recession. He has now imposed and backed away from his reckless tariffs and tax increases on multiple occasions, each time without authorization from Congress. This is unlawful, and it is unleashing harm on hardworking American taxpayers. I am thankful to Rep. Raskin, Rep. Meeks, Rep. Neal, Assistant Leader Neguse and the Litigation Working Group and Rapid Response Task Force for their efforts in leading House Democrats in our strong opposition to this illegal assault on everyday Americans,” said House Democratic Leader Hakeem Jeffries. 

“What the Trump White House called ‘Liberation Day,’ most households across America remember as the day economic chaos was unleashed by this administration’s reckless tariff policies,” said Assistant Democratic Leader Joe Neguse. “Today, House Democrats are taking action, pushing back against the continued harm being inflicted on everyday Americans and reinforcing the constitutional authority of Congress.”

“The Constitution gives Congress—not the President—the power to regulate commerce with other nations and to impose tariffs. Donald Trump is abusing emergency powers under IEEPA, which doesn’t mention tariffs, to impose sweeping and chaotic tariffs without any authorization from Congress. Trump’s wayward, on-again, off-again approach to tariffs imposed under IEEPA is terrible for the U.S. economy and damaging to American businesses and consumers. We’re going to court to defend Congress’ powers under Article I against executive usurpation and abuse,” said Ranking Member Jamie Raskin.

“President Trump has abused IEEPA to impose sweeping tariffs that have hurt American families and businesses. IEEPA has never been used this way — and the so-called national emergencies behind these tariffs are baseless. It’s time for the courts to recognize this as flagrant abuse of executive power and end Trump’s chaotic trade war,” said Ranking Member Gregory Meeks. 

“The Constitution is clear: Congress—not the president—holds the power to regulate trade,” said Ranking Member Richard E. Neal. “Congress never intended for IEEPA to be a blank check for chaos or a tool for economic retaliation against our allies. House Democrats are making clear: no president can hijack trade policy for political theatrics at the expense of American workers and families.”

The Constitution gives Congress, not the President, the authority to impose tariffs, and the President can only raise tariffs if Congress has clearly delegated its authority to him. Although IEEPA (enacted in 1977) grants the president authority to impose sanctions, block foreign assets, and regulate economic transactions in response to “unusual and extraordinary threats” originating abroad, it is not a tariff statute and has never been used that way. Congress knows how to delegate tariff authority and has clearly done so on a number of occasions. When Congress does delegate such authority, it imposes substantive, procedural, and temporal limits on the president’s power in order to avoid economic chaos and protect the American people. 

The full brief is available HERE. 

For more information on House Democrats efforts to protect Americans against the unlawful actions of the Trump Administration, visit litigationandresponse.house.gov. 

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