U.S. Senator Ron Wyden is spearheading a charge with bipartisan support against former President Donald Trump's imposition of tariffs under the International Emergency Economic Powers Act (IEEPA), taking the fight to the U.S. Supreme Court. The brief in question, part of the consolidated case Learning Resources et al. v. Trump and Trump v. V.O.S. Selections et al., is challenging the legal foundation of these tariffs, which have been blamed for contributing to inflation and adding significant costs to the average American household. according to a press release from Senator Wyden's office.
The amicus brief, backed by a coalition that includes U.S. Senator Jeff Merkley and U.S. Representatives Suzanne Bonamici, Andrea Salinas, and Maxine Dexter, argues that Congress, not the president, holds the constitutional authority to impose tariffs and regulate commerce with foreign nations. This legal document is pushing to unequivocally reaffirm this division of power. "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," Wyden, who serves as the Ranking Member of the Senate Finance Committee, stated in Senator Wyden's office.
Oregon Attorney General Dan Rayfield has voiced strong support for the brief, emphasizing the constitutional checks and balances at stake. "Senator Wyden’s leadership in rallying more than 200 members of Congress to support this brief marks an important turning point," Rayfield said in the statement from Senator Wyden's office. He reinforced the position that the constitutional balance of power is non-negotiable and that emergency powers should not be manipulated to indirectly raise taxes on American families.
Adding to the chorus of critics, Merkley criticized the tariffs' negative impact on American consumers and businesses, suggesting that they are responsible for exacerbating Trumpflation. "Trump's illegal and chaotic tariffs are harming American consumers and businesses, leaving them to foot the bill for Trumpflation’s rising prices," Merkley was quoted as saying in Senator Wyden's office press release. The brief claims IEEPA's narrow emergency powers do not authorize the President to impose duties or tariffs, insisting this usage undermines congressional safeguards against executive misuse.
The Supreme Court filing has followed a series of consistent rulings from the Federal Circuit, the Court of International Trade, and the District Court for the District of Columbia, all of which have found the Trump administration’s use of IEEPA to impose tariffs unlawful. With a significant number of legislators rallying behind this cause, including Senators like Jeanne Shaheen and Lisa Murkowski and Representatives such as Joe Neguse and Hakeem Jeffries, the legal push represents a robust bipartisan initiative to reassess the limits of presidential power under IEEPA and protect congressional supremacy in tariff regulation.
