Two Dozen States Sue to Block Trump's New Tariffs

Democratic attorneys general challenge the president's use of obscure trade law to impose sweeping import taxes

Published on Mar. 5, 2026

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Democratic attorneys general in 24 states, including California and New York, are filing a lawsuit to block President Trump's new tariffs, two weeks after a new round of taxes and duties on imports were issued following a Supreme Court ruling that found the White House had overstepped its authority. The lawsuit challenges Trump's decision to impose the tariffs under Section 122 of the Trade Act of 1974, which the states argue the president is twisting beyond recognition.

Why it matters

The lawsuit highlights the ongoing battle between the White House and states over the president's use of executive authority to impose tariffs, which the states argue is an overreach of presidential power that harms consumers and businesses. The case could have major implications for the balance of power between the executive and legislative branches on trade policy.

The details

The lawsuit, set to be filed Thursday in the United States Court of International Trade, challenges Trump's decision to impose the tariffs under Section 122 of the Trade Act of 1974, which California Attorney General Rob Bonta accused the president of twisting beyond recognition. Last month, the Supreme Court struck down tariffs imposed by Trump under the International Emergency Economic Powers Act, ruling the law does not give the president broad authority to impose sweeping import taxes without congressional approval. The White House quickly pivoted to Section 122 to implement a new round of global tariffs, which the states argue is an improper use of the law.

  • Last month, the Supreme Court struck down tariffs imposed by Trump under the International Emergency Economic Powers Act.
  • Two weeks ago, the White House issued a new round of taxes and duties on imports following the Supreme Court ruling.

The players

Rob Bonta

The Attorney General of California who accused President Trump of twisting Section 122 of the Trade Act of 1974 beyond recognition.

Letitia James

The Attorney General of New York who joined other Democratic state prosecutors in suing over Trump's tariffs.

Dan Rayfield

The Attorney General of Oregon who conceded that no Republican attorney general signed on to the lawsuit, suggesting they are "fearful" about losing their jobs.

Kris Mayes

The Attorney General of Arizona who noted that the lawsuits on tariffs are being "widely supported by Democrats and Republicans."

Gavin Newsom

The Governor of California who joined the lawsuit and compared Trump's actions to being "like a toddler throwing a temper tantrum."

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What they’re saying

“Trump is trying to use an obscure law to push through tariffs that his co-equal branch, Congress, not the president alone, is supposed to authorize.”

— Rob Bonta, Attorney General of California

“At the end of the day, for us, this isn't about political gamesmanship, it's about making sure our communities aren't paying the price for Trump's inability to take an L.”

— Rob Bonta, Attorney General of California

“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 Spokesperson (The Post)

What’s next

The lawsuit will be filed on Thursday in the United States Court of International Trade.

The takeaway

This case highlights the ongoing tension between the executive and legislative branches over trade policy, with the states arguing the president is overstepping his authority. The outcome could have significant implications for the balance of power on trade issues going forward.