Attorney General Rayfield filed the lawsuit in April in the Court of International Trade in New York.
The lawsuit argues that the president does not have the authority to unilaterally impose tariffs, rather, Congress has the power to enact tariffs under Article I of the Constitution.
While President Trump’s executive orders state the president has the authority to impose tariffs under the 1977 International Emergency Economic Powers Act, Rayfield argues that law only applies in an emergency with an “unusual and extraordinary” threat from abroad and does not give the president the power to impose tariffs.
“The Supreme Court’s decision to take up this case is an important moment in our fight to keep checks and balances intact. The Constitution says that Congress—not the President—has the authority to set tariffs. Every court that’s looked at this so far has agreed with us,” Attorney General Rayfield said in a statement to KOIN 6 News.
“These tariffs have acted like a hidden tax, driving up costs for Oregon families and businesses,” Rayfield continued. “Our team is ready and prepared and we look forward to continuing to stand up for Oregonians.”
Ahead of arguments before the high court, the tariffs will remain in place, as reported by CNN — noting that arguments will be heard in November and the high court said it would expedite its review of the case.
In a statement shared with KOIN 6 News, White House Spokesman Kush Desai said, “The fact of the matter is that President Trump has acted lawfully by using the tariff powers granted to him by Congress in IEEPA to deal with national emergencies and to safeguard our national security and economy. We look forward to ultimate victory on this matter with the Supreme Court.”
The lawsuit’s move to the Supreme Court comes after Attorney General Rayfield celebrated a brief legal victory on May 29 when a three-judge panel on the U.S. Court of International Trade temporarily blocked tariffs Trump imposed against all U.S. trading partners, as well as levies imposed before that on China, Mexico and Canada.
After that ruling, White House Press Secretary Karoline Leavitt called the decision “judicial overreach” and stressed the need for the Supreme Court to intervene.
“There is a troubling and dangerous trend of unelected judges inserting themselves into the presidential decision-making process,” Leavitt previously said. “America cannot function if President Trump, or any other president for that matter, has their sensitive diplomatic or trade negotiations railroaded by activist judges.”
Soon after the ruling, the Trump administration was granted an appeal — upending the lower court’s ruling to halt tariffs.
In June, the U.S. Court of Appeals issued an order to expedite the lawsuit.
The attorney general previously said the order to expedite is only procedural, noting, “This order doesn’t address whether the tariffs are legal. So far, every federal judge who’s looked at the legality of these tariffs has ruled against them—and we believe the law is on our side.”
The lawsuit is co-led by Oregon Attorney General Dan Rayfield and Arizona Attorney General Kris Mayes. Other states joining the suit include Colorado, Connecticut, Delaware, Illinois, Maine, Minnesota, Nevada, New Mexico, New York, and Vermont.
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