WASHINGTON – This week, U.S. Senators Jeanne Shaheen (D-NH), Ranking Member of the Senate Foreign Relations Committee, Ron Wyden (D-OR), Ranking Member of the Senate Finance Committee, and Chuck Schumer (D-NY), Senate Democratic Leader, led 30 Senators in filing an amicus brief in a key case, Oregon v. Department of Homeland Security, challenging the Trump Administration’s abuse of emergency powers to impose tariffs. The brief opposes the Administration’s request for a stay of a recent court decision that struck down these tariffs.
In May, the U.S. Court of International Trade held that the Trump Administration lacked authority to issue the challenged tariffs under the International Emergency Economic Powers Act (IEEPA)—a statute that no president prior to President Trump has ever tried to use to impose tariffs. The Senators’ amicus brief argues a stay should be rejected.
“Granting a stay will cause irreparable harm to constituents of Amici, particularly thousands of small and medium-sized businesses that will continue to be harmed if the President persists in collecting the unlawful IEEPA tariffs,” wrote the Senators. “Small businesses do not have cash-on-hand or capital reserves to pay the increased tariffs, nor can they quickly adapt to them by modifying supply chains. If they cannot pass on the tariff costs to consumers—which would create additional harms for Amici’s constituents—many face letting employees go or filing for bankruptcy. Even a few weeks of additional tariffs means small businesses will suffer irreparable harm.”
“The powers to impose tariffs and regulate international trade were given to Congress for a reason,” continued the Senators. “Absent authorization from Congress to impose tariffs and approval to enter binding, durable trade agreements, it is contrary to the public interest for the President to arrogate Congress’s power to himself.”
“Further, the broad-based tariffs, which include extensive levies on treaty allies Japan, Canada, and members of the NATO alliance, undermine U.S. national security by weakening U.S. alliances,” concluded the Senators. “Amici regularly interact with U.S.-allied leaders who want to work with the U.S. on security and economic matters; IEEPA tariffs have been raised as one of the foremost irritants and obstacles to maintaining strong partnerships with the U.S. Multiple allied governments, including Canada, Mexico, and the European Union, have threatened retaliation targeting American exports and American companies—further compounding the economic harm to Amici’s constituents. Denying a stay will ensure the Administration cannot continue to usurp powers granted to Congress, and it will promote U.S. national security and economic interests.”
You can read the full amicus brief HERE.
The amicus brief was signed by Senators Tim Kaine (D-VA), Peter Welch (D-VT), Michael Bennet (D-CO), Jacky Rosen (D-NV), Ben Ray Luján (D-NM), Maria Cantwell (D-WA), Andy Kim (D-NJ), Catherine Cortez Masto (D-NV), Chris Van Hollen (D-MD), Adam Schiff (D-CA), Maggie Hassan (D-NH), Tammy Duckworth (D-IL), Angus King (I-ME), Richard Blumenthal (D-CT), John Hickenlooper (D-CO), Alex Padilla (D-CA), Chris Coons (D-DE), Dick Durbin (D-IL), Mark Warner (D-VA), Martin Heinrich (D-NM), Jeff Merkley (D-OR), Bernie Sanders (I-VT), Amy Klobuchar (D-MN), Raphael Warnock (D-GA), Lisa Blunt Rochester (D-DE), Mazie Hirono (D-HI), Brian Schatz (D-HI), Edward Markey (D-MA), Angela Alsobrooks (D-MD) and Gary C. Peters (D-MI).
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