Trump Tariffs Go to Court
Koch backed NCLA files suit, Carly Simon and Peter Frampton
Have you ever called a doctor’s office and a recorded message comes on saying, “if this is a real emergency, hang up and dial 9-1-1.” ?
Just me?
The stürm und drang (storm and stress) over the Trump Tariff test of our economy fails the test of what constitutes an emergency. IMHO.
I get that the President of the States United wants to use tariffs to bring about a fundamental change in the American and global economic structure.
He won re-election, in part, due to his economic visions which includes tariffs.
Rather than wait out a long protracted fight in Congress, President Trump took the express route by using a provision in the International Emergency Economic Powers (IEEPA) act.
That provision is a presidential declaration that an emergency exists.
But can anyone honestly say that there is an actual REAL emergency?
Would you dial 9-1-1?
Well, that’s what the courts are for.
And here we go…
Some background on the suit most likely to get a bulk of the attention is below.
The company is called Simplified. (The nectar of sweet irony is about to flow)
NCLA Lawsuit Against Trump Administration Over Tariffs
• Filed April 3, 2025, in U.S. District Court for Northern District of Florida
• Challenges President Trump's April 2, 2025 national emergency declaration on trade
• Contests the legality of tariffs imposed under International Emergency Economic Powers Act (IEEPA)
Contested Presidential Actions
• Trump declared a national emergency citing $1.2 trillion trade deficit (2024) as security crisis
• Imposed baseline 10% tariff on all imports
• Added "reciprocal" tariffs on countries with significant trade surpluses
• Implementation scheduled for April 5 and April 9, 2025
NCLA's Legal Arguments
• IEEPA doesn't explicitly authorize tariff imposition
• Statute permits freezing assets/blocking transactions but doesn't mention "tariffs" or "duties"
• Emergency declaration lacks legitimate basis with current strong economy
• Trade deficit isn't acute crisis required under IEEPA
• Asserts executive overreach into Congress's constitutional authority over commerce and tariffs
Administration's Position
• Claims trade deficit and foreign supply chain reliance constitute security threat
• Argues IEEPA's broad language allows flexibility for such measures
Current Status
• Case pending as of April 7, 2025
• Potential to escalate to higher courts
• NCLA seeks injunction to halt tariff implementation
• Aims to set precedent limiting executive power
New Civil Liberties Alliance (NCLA)
Organization Basics
• Nonprofit legal organization founded in 2017
• Based in Washington, D.C.
• Founded by Philip Hamburger, Columbia Law School professor
• Self-described as a public interest law firm
Mission and Focus
• Challenges perceived overreach by the administrative state
• Defends individual liberties against allegedly unconstitutional government actions
• Protects constitutional freedoms related to due process, free speech, and separation of powers
• Aims to "push back against the unlawful power of administrative agencies"
• Works through litigation, advocacy, and public education
Funding Sources
• Mix of individual donors and conservative-leaning foundations
• Receives significant support from Charles Koch's network
• Positions itself as nonpartisan, emphasizing principle over ideology
Legal Activities
• Targets regulatory overreach in various federal agencies
• Has challenged Securities and Exchange Commission's enforcement powers • Has contested Consumer Financial Protection Bureau's structure
• Filed lawsuit against Trump's trade emergency declaration (April 3, 2025)
• Argues Trump's use of IEEPA for tariffs exceeds statutory authority and violates congressional powers
Strategic Approach
• Pursues high-impact litigation outcomes
• Frequently appeals to the Supreme Court
• Has influenced decisions that curb administrative power
• Aims to restore constitutional checks and balances