AG Rayfield: “This case is about the limits of presidential power.”
Oregon Attorney General Dan Rayfield today commended congressional leaders for filing a powerful amicus brief with the U.S. Supreme Court » supporting Oregon and a coalition of states challenging the Trump Administration’s abuse of emergency powers to impose sweeping tariffs.
The brief, filed by more than 200 members of Congress and led by Senators Ron Wyden (D-OR) and Jeanne Shaheen (D-NH), underscores that the International Emergency Economic Powers Act (IEEPA) does not grant the President authority to unilaterally impose tariffs — a power reserved for Congress under the Constitution.
“This case is about the limits of presidential power,” said Attorney General Dan Rayfield. “The Trump Administration’s attempt to use emergency powers as a back door to raise taxes on American families was never lawful.”
“Congress passed IEEPA to respond to crises, not to create them. This law doesn’t even mention granting tariff authority to the president, let alone the power to slap sweeping tariffs on products from almost every country on earth,” said Senator Ron Wyden, Ranking Member of the Senate Finance Committee. “I’m proud to support Attorney General Rayfield’s effort to strike down Trump’s illegal tariffs. The courts should follow the plain text of this law and strike down the global tariffs that are harming American families and threatening American jobs.”
The bipartisan Supreme Court brief includes 171 U.S. Representatives and 34 Senators, spanning the ideological spectrum and even attracting bipartisan support — including Senator Lisa Murkowski (R-AK).
“Senator Wyden’s leadership in rallying more than 200 members of Congress to support this brief signals a turning point,” said Attorney General Rayfield. “The constitutional balance of power is not negotiable, and Congress is making it clear that unilateral tariffs are not law.”
The states’ lawsuit argues that the former administration’s use of IEEPA to impose tariffs violated the law and the separation of powers. The case, which began in the Court of International Trade, is now before the U.S. Supreme Court for review. Oral arguments are scheduled on November 5, with Oregon Solicitor General Benjamin Gutman arguing on behalf of Oregon and 11 other states: Arizona, Colorado, Connecticut, Delaware, Illinois, Maine, Minnesota, Nevada, New Mexico, New York and Vermont.
