A coalition of prominent legal figures, including former U.S. Senators, a retired U.S. Attorney General, retired federal judges, and leading constitutional scholars, has filed a significant amici curiae brief in support of the challenge to President Trump’s “Liberation Day” tariffs.
The Liberty Justice Center, representing five small businesses in the lawsuit V.O.S. Selections, Inc. v. Trump, applauded the filing, which urges the U.S. Court of International Trade to strike down the tariffs as an unconstitutional overreach of executive power.
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The amici brief strongly condemns the President’s use of the International Emergency Economic Powers Act (IEEPA) to impose a 10% baseline tariff on nearly all imports, alongside significantly higher duties on Chinese goods and foreign automobiles.
The brief argues that these tariffs represent “arbitrary taxation untethered from the constitutional processes designed to safeguard liberty,” and warns that “the Constitution does not permit taxation by proclamation.”
“This case is not about trade. It is about power—who has it, and who must authorize its use,” the amici stated, emphasizing the unilateral nature of the President’s actions, which bypassed congressional debate and statutory processes. They appealed to the Court’s duty to uphold the separation of powers, warning that unchecked executive action poses a threat to both international commerce and the foundations of constitutional governance.
Jeffrey Schwab, Senior Counsel at the Liberty Justice Center, expressed gratitude for the amici’s support, highlighting the constitutional implications of the case.
“The Constitution does not give the President unilateral authority to issue tariffs, especially given their worldwide economic consequences,” Schwab said. “We are grateful that such a prominent and diverse group of legal experts supports us in opposing the President’s unconstitutional and unlawful actions.”
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Ilya Somin, co-counsel and law professor at Scalia Law School, George Mason University, remarked on the unusual unity among the legal experts involved.
“I have rarely, if ever, seen such an ideologically diverse group of prominent legal scholars and former government officials united on a major legal issue. Certainly never expected to see Steve Calabresi, Richard Epstein, and Harold Koh all on the same brief,” Somin said. “But Donald Trump’s tariff power grab brought them together. Perhaps he alone could do it!”
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