House Democrats’ Litigation Task Force Submits Bicameral Amicus Brief to Supreme Court, Challenging Trump’s Unlawful IEEPA Tariffs

Washington, D.C. — 171 House Democrats and 36 Senators took their fight against President Donald Trump’s sweeping and chaotic on-again-off-again tariffs to the highest court in the land, filing an amicus brief before the United States Supreme Court. The lawmakers’ filing stands up for Congress’s Article I legislative powers and argues that the IEEPA is not a tariff statute and that Congress did not intend or provide for the IEEPA to be used as a tariff statute.

These chaotic on-again, off-again tariffs are not just lawless, they are hurting Americans, driving up prices for consumers and crushing small businesses.

The amicus brief was led by Task Force Chair Joe Neguse and Ranking Member Jamie Raskin, House Democratic Leader Hakeem Jeffries, Ways and Means Ranking Member Richard E. Neal, House Foreign Affairs Ranking Member Gregory Meeks, as well as Senate Foreign Relations Ranking Member Jeanne Shaheen and Senate Finance Ranking Member Ron Wyden. 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 and congressional Republicans promised to lower the cost of living on day one. They lied. Instead, prices and inflation are rising and Republicans are unleashing harm on everyday Americans,” said House Democratic Leader Hakeem Jeffries. “Trump's unlawful and repeated imposition and then abandonment of his reckless tariffs creates economic uncertainty, and the American people are forced to shoulder the burden. I thank Rep. Raskin, Rep. Meeks, Rep. Neal, Assistant Leader Neguse and the Litigation Working Group and Rapid Response Task Force for leading House Democrats in standing strong against this illegal and dangerous assault.”

“Donald Trump is forcing skyrocketing costs onto households across the country through the unlawful implementation of his chaotic, on-again-off-again tariffs. And congressional Democrats, in defense of Congress’s Article I legislative powers and working Americans everywhere, are pushing back. We’ve already successfully challenged the administration’s unlawful use of IEEPA twice, and now intend to do so once and for all before the highest court in the land,” said Assistant Democratic Leader Joe Neguse.

“Donald Trump’s attempt to invoke emergency powers to impose sweeping tariffs and start chaotic trade wars was never about national security. It was about usurping Congress's powers over trade and commerce so he can personally control the U.S. economy, punish and reward private companies, and subject them to his eccentric whims,” said Ranking Member Jamie Raskin. “Now we’re taking this fight to the Supreme Court to defend Congress’s Article I power to impose tariffs and regulate commerce. Two federal courts have already sided with us and affirmed that this power belongs to the legislative branch. We’re joining twelve state attorneys general once again to finish the job and end this reckless abuse of emergency authority for political purposes once and for all.”

“In a surprise to no one, the president didn’t get what he wanted, and now he wants a new audience. But that doesn’t change what Courts have repeatedly affirmed: Trump does not have the power to unilaterally impose these tariffs under IEEPA.” said Ranking Member Richard E. Neal, House Ways and Means Committee. “Democrats remain committed to a trade policy that protects the people and their wallets and outlasts one man’s bullying and corruption.”

“Lower courts have already found President Trump's tariffs to be an abuse of power, and unlawful. As our amicus brief makes clear, IEEPA was never intended by Congress to give a President tariff authority, and Trump's emergency declarations are clearly baseless. It's time for the courts to strike down these illegal tariffs and bring economic relief to American families suffering from the skyrocketing costs they've caused,” said Ranking Member Gregory Meeks, House Foreign Affairs Committee. 

“President Trump’s abuse of emergency powers to levy tariffs on everyday goods is an unlawful overreach that hits American families in their wallets and undermines Congress’s constitutional authority,” said Senator Shaheen, Ranking Member of the Senate Senate Foreign Relations Committee. “President Trump has circumvented Congress in imposing the biggest tax increase in modern American history at huge costs to families and businesses. This bipartisan brief makes clear that no president—Republican or Democrat—can sidestep that responsibility. The Supreme Court should affirm what every lower court has already found: these tariffs are illegal, and the American people should not have to pay the price for President Trump’s reckless and self-defeating trade policy.” 

“Congress passed IEEPA to respond to crises, not to create them. This law doesn’t even mention granting tariff authority to the president, let alone the power to slap sweeping tariffs on products from almost every country on earth,” said Senator Wyden, Ranking Member of the Senate Finance Committee. “I’m proud to join with my colleagues to support Oregon Attorney General Rayfield’s effort to strike down Trump’s illegal tariffs. The courts should follow the plain text of this law and strike down the global tariffs that are harming American families and threatening American jobs.” 

The full brief is available HERE.   

In addition to the 207 Congressional Democrats, the brief was signed by Republican Senator Lisa Murkowski—marking the Task Force’s first bipartisan legal challenge against the administration.