States Sue Trump Over New Global Tariffs After Supreme Court Loss

Democratic attorneys general argue Trump is overstepping his power with planned 15% tariffs on much of the world.

Published on Mar. 6, 2026

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More than two dozen states have filed a lawsuit challenging President Donald Trump's new global tariffs, which he imposed after the Supreme Court struck down his previous tariffs. The Democratic attorneys general and governors argue that Trump is overstepping his authority by imposing the 15% tariffs under a provision of the Trade Act of 1974 that has never been used before. They contend the tariffs will drive up costs for states, businesses, and consumers.

Why it matters

This case highlights the ongoing legal battles between states and the federal government over the president's use of tariffs and trade policy. The states argue that Trump is misusing a law intended for specific, limited circumstances to impose sweeping import taxes that will harm their residents. The outcome could set an important precedent for presidential authority over trade matters.

The details

The lawsuit is led by attorneys general from Oregon, Arizona, California, and New York. They argue that the Section 122 provision of the Trade Act, which allows the president to impose tariffs of up to 15%, was not intended to be used for broad trade deficits but rather specific 'fundamental international payments problems.' The White House has vowed to vigorously defend the president's actions in court.

  • On February 20, 2026, the Supreme Court struck down Trump's previous tariffs imposed under emergency powers.
  • Four days later, on February 24, 2026, Trump invoked Section 122 to impose 10% tariffs on foreign goods, which he plans to raise to 15% this week.

The players

Donald Trump

The former president who imposed the new global tariffs after losing a Supreme Court case over his previous tariff framework.

Dan Rayfield

The Oregon Attorney General leading the lawsuit against Trump's tariffs.

Kris Mayes

The Arizona Attorney General who is part of the lawsuit, citing a study that found the tariffs cost American households $1,200 per year.

Scott Bessent

The Treasury Secretary who told CNBC that the administration would raise the tariffs to 15% this week.

Peter Harrell

A visiting scholar at Georgetown University's Institute of International Economic Law who believes the Trump administration has a stronger legal case under Section 122 than its previous tariffs.

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What they’re saying

“The focus right now should be on paying people back, not doubling down on illegal tariffs.”

— Dan Rayfield, Oregon Attorney General (pennlive.com)

“That is money out of the pockets of American families trying to buy groceries, pay rent and keep their small businesses afloat.”

— Kris Mayes, Arizona Attorney General (pennlive.com)

“The President is using his authority granted by Congress to address fundamental international payments problems and to deal with our country's large and serious balance-of-payments deficits.”

— Kush Desai, White House Spokesman (pennlive.com)

What’s next

The specialized Court of International Trade in New York will hear the states' lawsuit challenging Trump's use of Section 122 to impose the new global tariffs.

The takeaway

This case highlights the ongoing legal battles between states and the federal government over the president's use of tariffs and trade policy. The outcome could set an important precedent for presidential authority over trade matters and the limits of using laws like Section 122 to address trade deficits.