April 4, 2025 12:39 PM

A conservative legal organization is suing to prevent President Donald Trump’s emergency tariffs on Chinese goods, the first attempt to challenge Trump’s authority to impose tariffs since he returned to office.

 

The New Civil Liberties Alliance, a law firm that fights federal overreach, filed a complaint Thursday in Florida federal court on behalf of north Florida paper company Simplified and its owner Emily Ley to stop Trump’s 20 percent tariffs on all Chinese imports under the International Emergency Economic Powers Act.

 

“The President purported to order these tariffs under the International Emergency Economic Powers Act of 1977 (‘IEEPA’), but that is a statute that authorizes presidents to order sanctions as a rapid response to international emergencies,” the lawsuit asserts.

 

“It does not allow a president to impose tariffs on the American people. President Trump’s Executive Orders imposing a China tariff are, therefore, ultra vires and unconstitutional. This Court should enjoin their implementation and enforcement.”

 

https://www.nationalreview.com/news/conservative-legal-group-brings-first-suit-challenging-trumps-authority-to-impose-tariffs/

2 minutes ago, jerrymahoney said:

Emily Ley

 

She's not Chinese!!

23 minutes ago, Cameroni said:

 

She's not Chinese!!

Well then ...

 

1 hour ago, Cameroni said:

 

She's not Chinese!!

I'm sure you had a good reason for posting this and I am eagerly awaiting the explanation.

The case as above claims that Trump has no authority to implement tariffs under the IEEPA. It cannot be said that the case, if in favor of the plaintiff, is the machination of an 'activist liberal judge' as the Judge assigned to the case, T. Kent Wetherell II, was nominated to the federal bench by (then) President Donald J. Trump in 2019.

22 hours ago, jerrymahoney said:

April 4, 2025 12:39 PM

A conservative legal organization is suing to prevent President Donald Trump’s emergency tariffs on Chinese goods, the first attempt to challenge Trump’s authority to impose tariffs since he returned to office.

 

The New Civil Liberties Alliance, a law firm that fights federal overreach, filed a complaint Thursday in Florida federal court on behalf of north Florida paper company Simplified and its owner Emily Ley to stop Trump’s 20 percent tariffs on all Chinese imports under the International Emergency Economic Powers Act.

 

“The President purported to order these tariffs under the International Emergency Economic Powers Act of 1977 (‘IEEPA’), but that is a statute that authorizes presidents to order sanctions as a rapid response to international emergencies,” the lawsuit asserts.

 

“It does not allow a president to impose tariffs on the American people. President Trump’s Executive Orders imposing a China tariff are, therefore, ultra vires and unconstitutional. This Court should enjoin their implementation and enforcement.”

 

https://www.nationalreview.com/news/conservative-legal-group-brings-first-suit-challenging-trumps-authority-to-impose-tariffs/

There's a really good discussion of this  here

https://archive.ph/qt7rj

Instead of invoking the Trade Act, which specifically authorizes the President to impose tariffs, Trump invoked the  International Emergency Economic Powers Act which makes no mention of tariffs. Now, under the doctrine invented by the conservatives on the Supreme court, called the Major Questions doctrine, since the Congress didn't specifically authorize tariffs to be deployed by the President in this law, his tariffs should be disqualified. (It was this doctrine that the conservatives on the Supreme court used to shoot down Biden's student loan forgiveness) For what it's worth, I'm inclined to believe that they will shoot this down in order to protect Trump from the political consequences of these tariffs.

22 hours ago, Cameroni said:

 

She's not Chinese!!

Doesn't look Chinese to me. However old Mitch McConnell said the tariffs are stupid too and will just cost ordinary Americans more to buy things.

 

Emily Ley - Simplified

https://ssl-static.libsyn.com/p/assets/d/9/3/2/d932fba3586cae7f/v2_-_Simplified_Podcast_thumbnail_1400_x_1400.jpg

 

 

 

49 minutes ago, placeholder said:

(It was this doctrine that the conservatives on the Supreme court used to shoot down Biden's student loan forgiveness)

As here:

 

The 2022 debt relief program, Chief Justice John Roberts wrote for the majority, did not waive or modify the existing student loan laws, but instead “created a novel and fundamentally different loan forgiveness program.” The 2022 debt relief program, Roberts continued, also ran afoul of the “major questions” doctrine, which is the idea that if Congress wants to give an administrative agency the power to make decisions of vast economic or political significance, it must say so clearly. 

 

https://www.scotusblog.com/2024/08/supreme-court-temporarily-bars-latest-biden-student-debt-relief-plan/

 

Noted in the Pensacola lawsuit: The IEEPA does not contain the word tariff(s)

 

 

22 hours ago, placeholder said:

I'm sure you had a good reason for posting this and I am eagerly awaiting the explanation.

 

Not a Seinfeld viewer then?

Given that your comment made no sense in the context of the what was posted on the thread, why would anybody connect the two? If somehow her nationality vs race was made an issue, that would be a different thing. But maybe it's not surprising that for you, her race was salient.

My simple explanation why the plaintiff has standing, even though she is not Chinese, is that she purchases products from China for resale.

If she had to pay legitimate tariffs on her imports, that would be one thing; the filing claims that the tariffs are unlawful and injurious to her business based in Pensacola, FL. as the IEEPA, as invoked by named defendants, does not authorize tariffs.

19 minutes ago, placeholder said:

Given that your comment made no sense in the context of the what was posted on the thread, why would anybody connect the two? If somehow her nationality vs race was made an issue, that would be a different thing. But maybe it's not surprising that for you, her race was salient.

 

I was just trying to lighten up a heavy discussion, jeez.

 

Surely that's an all too obvious cultural reference?

Oh Humor (cultural reference Mork & Mindy)