Conservative Legal Group Challenges Trump’s New China Tariffs in Federal Court

The New Civil Liberties Alliance (NCLA), a conservative legal group, has filed a lawsuit in federal court challenging former President Donald Trump’s newly announced tariffs on Chinese imports. Filed in Florida on Thursday, the suit claims Trump exceeded his authority by imposing sweeping tariffs under the International Emergency Economic Powers Act (IEEPA), which the group argues does not permit such measures.

Trump unveiled a 34% tariff on Chinese goods on Wednesday, in addition to the 20% already imposed earlier this year, totaling a 54% levy. The lawsuit, filed on behalf of Florida-based home goods retailer Simplified, seeks to block enforcement of the tariffs and reverse changes to the U.S. tariff schedule.

According to NCLA senior litigation counsel Andrew Morris, “By invoking emergency power to impose an across-the-board tariff… President Trump has misused that power, usurped Congress’s right to control tariffs, and upset the Constitution’s separation of powers.”

The lawsuit argues that tariffs require congressional approval and must follow strict trade laws involving investigations and factual findings. It also contends that the IEEPA, which Trump invoked by citing China's alleged role in the U.S. opioid crisis, has never been used to impose tariffs and does not authorize such action.

Critics claim the emergency declaration is a pretext to reduce trade deficits and increase tax revenue. The case has been assigned to U.S. District Judge Kent Wetherell, a Trump appointee known for previously halting part of President Joe Biden’s immigration policy in 2023.

White House officials have not yet commented on the lawsuit. The outcome could set a significant legal precedent on presidential trade powers and the scope of emergency declarations.