Nevada Attorney General Aaron D. Ford announced a significant legal victory as the U.S. Court of International Trade struck down tariffs imposed by former President Trump's executive orders under the International Emergency Economic Powers Act (IEEPA). The decision was rendered in the case titled State of Oregon, et al., v. Trump, et al.
"I am extremely pleased with the court’s decision to strike down these tariffs; they were both unlawful and economically destructive," stated AG Ford. He added that "the president had no legal authority to impose these tariffs, and his unlawful actions would have caused billions of dollars of damage to the American economy. This decision is a win for the rule of law and for Nevadans’ pocketbooks."
In May, AG Ford, alongside a coalition of attorneys general, petitioned the U.S. Court of International Trade to halt federal agencies from collecting what they deemed illegal tariffs imposed by President Trump on various global products. These included a 145% tariff on most Chinese imports, a 25% tariff on Canadian and Mexican products, and 10% tariffs on goods from other parts of the world.
The court's ruling effectively halts existing IEEPA tariffs and prevents further increases, such as proposed 145% tariffs on Chinese imports and 50% tariffs on European Union imports.
According to Article I of the Constitution, Congress alone has the "Power To lay and collect Taxes, Duties, Imposts and Excises." While President Trump's executive orders referenced powers granted by IEEPA, this law is applicable only during emergencies presenting an "unusual and extraordinary threat" from abroad and does not authorize presidential imposition of tariffs. Enacted in 1977, IEEPA had never been used by any president to impose tariffs until this year.
AG Ford collaborated with co-lead attorneys general from Oregon and Arizona in this case, along with attorneys general from Colorado, Connecticut, Delaware, Illinois, Maine, Minnesota, New Mexico, New York, and Vermont.