More than 20 States Sue Over New Trump Tariffs

Lawsuit challenges import taxes imposed after Supreme Court loss

Published on Mar. 5, 2026

A group of over 20 Democratic state attorneys general and governors have filed a lawsuit challenging the new global tariffs imposed by President Donald Trump. The lawsuit argues that Trump is overstepping his authority by imposing the 15% tariffs under a seldom-used provision of the Trade Act of 1974 after the Supreme Court struck down his previous tariffs.

Why it matters

This lawsuit represents the latest legal battle over Trump's aggressive use of tariffs to address trade deficits, which critics argue exceeds the president's powers. The outcome could have significant implications for the administration's trade policies and the balance of power between the executive and legislative branches.

The details

The lawsuit, led by the attorneys general of Oregon, Arizona, California and New York, argues that Trump cannot pivot to using Section 122 of the Trade Act to impose tariffs after the Supreme Court struck down his previous tariffs imposed under emergency powers. The states contend the new tariffs will drive up costs for states, businesses and consumers. Many of the states involved previously sued over Trump's tariffs imposed under a different law, the International Emergency Economic Powers Act (IEEPA), which the Supreme Court ruled against in February.

  • On February 20, 2026, the Supreme Court struck down Trump's tariffs imposed under the IEEPA.
  • 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 that are being challenged in the lawsuit.

Dan Rayfield

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

Scott Bessant

The Treasury Secretary who announced 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

“The legal reality is that courts will likely provide President Trump substantially more deference regarding Section 122 than they did to his previous tariffs under IEEPA.”

— Peter Harrell, Visiting Scholar, Georgetown University Institute of International Economic Law

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 tariffs.

The takeaway

This lawsuit represents the latest legal battle over the limits of the president's authority to unilaterally impose tariffs, an issue that has significant implications for the balance of power between the executive and legislative branches.