Court of International Trade Rules in Favor of 24 States, Invalidating Tariffs That Are Making Life More Unaffordable for New Jerseyans

Opinion and Order | Judgment

TRENTON – Attorney General Jennifer Davenport today secured an order invalidating President Trump’s latest efforts to impose illegal tariffs on products purchased by New Jersey consumers, families, and businesses. A federal court granted summary judgment to a coalition of 24 states, striking down those tariffs.

“We are grateful that the court has agreed with us that the President cannot unilaterally impose these plainly unlawful tariffs, which drive up costs and make life less affordable for hardworking New Jerseyans,” said Attorney General Davenport. “Our office will continue to do everything in our power to lower costs for New Jersey families—even as the Trump Administration is intent on doing the opposite.”

For more than a year, President Trump has unlawfully attempted to impose tariffs on essential goods purchased by American consumers and businesses. Initially, the President invoked the International Emergency Economic Powers Act—but the Supreme Court ruled those tariffs were unlawful. The President then attempted to use a different law that has never been used before—Section 122 of the Trade Act of 1974—and imposed 10% tariffs on most products worldwide, supposedly in response to trade deficits.

Today, the U.S. Court of International Trade ruled that those tariffs are illegal, too. Section 122 allows tariffs only when there are “large and serious balance-of-payment deficits.” But no such thing exists—a trade deficit is not a balance-of-payment deficit. As the court ruled, the President’s tariffs proclamation “is invalid, and the tariffs imposed on Plaintiffs are unauthorized by law.”

Attorney General Davenport is joined in the case by the Attorneys General of Oregon, Arizona, California, and New York, as well as Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, North Carolina, Rhode Island, Vermont, Virginia, Washington, Wisconsin, and the Governors of Kentucky and Pennsylvania.