Coalition of States Sue Over Trump's New Global Tariffs

The lawsuit challenges the president's authority to implement the tariffs under the Trade Act of 1974.

Published on Mar. 5, 2026

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More than 20 states have filed a lawsuit in the U.S. Court of International Trade against President Donald Trump's new global tariffs. The Democratic state attorneys general and governors argue in the suit that the tariffs, which are being implemented under Section 122 of the Trade Act of 1974, are beyond the president's authority. The current tariff rate is set at 10 percent but Trump has said he will raise it to 15 percent.

Why it matters

This lawsuit comes just two weeks after the Supreme Court struck down tariffs that Trump had issued under the International Emergency Economic Powers Act, raising questions about the president's ability to unilaterally impose trade barriers. The outcome of this case could have significant implications for the balance of power between the executive and legislative branches on trade policy.

The details

The new lawsuit was filed on March 5 in the U.S. Court of International Trade, located in New York. The Democratic state attorneys general and governors argue that the tariffs, which are being implemented under Section 122 of the Trade Act of 1974, exceed the president's authority. Section 122 allows the president to impose temporary import restrictions to address large and serious U.S. balance of trade deficits, but the plaintiffs claim the current trade deficit does not meet that threshold.

  • The Supreme Court struck down a set of Trump's tariffs on February 20, 2026.
  • President Trump issued the new tariffs being challenged shortly after the Supreme Court ruling.

The players

Donald Trump

The President of the United States who issued the new global tariffs being challenged in the lawsuit.

Democratic state attorneys general and governors

The plaintiffs in the lawsuit who argue that Trump's new tariffs exceed his authority under the Trade Act of 1974.

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What’s next

The U.S. Court of International Trade will hear arguments and rule on whether the president exceeded his authority in imposing the new tariffs.

The takeaway

This lawsuit highlights the ongoing tensions between the executive and legislative branches over trade policy, with the courts serving as the arbiter of the president's authority to unilaterally impose tariffs. The outcome could have significant implications for future trade actions by the White House.