The Liberty Justice Center has filed a new lawsuit in the US Court of International Trade against President Trump’s recent tariffs, questioning the constitutional legality of executive trade powers amid broader legal battles.
The Liberty Justice Center has returned to court, filing a new challenge to President Donald Trump’s most recent set of tariffs on behalf of two small importers, the centre announced on Monday. The complaint, lodged at the US Court of Internati...
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onal Trade, names spice importer Burlap & Barrel and toy maker Basic Fun as plaintiffs and seeks to block levies the administration imposed in late February.
The suit targets the 10% global tariffs announced after the Supreme Court on 20 February found that earlier duties enacted under the International Emergency Economic Powers Act (IEEPA) were unconstitutional. The tariffs took effect on 24 February and the White House has signalled an intent to raise them to 15%. According to the Liberty Justice Center, the administration’s use of Section 122 of the Trade Act of 1974 to justify the new duties is likewise impermissible.
“Section 122 authorizes temporary tariffs for certain economic conditions that do not currently exist; it is not a general license for the President to tax the American people for reasons Congress never intended,” the Liberty Justice Center’s Jeffrey Schwab , who argued the previous tariff case before the nine justices – said in a statement.
The Liberty Justice Center is the same public‑interest litigation group that in April 2025 brought V.O.S. Selections, Inc. v. Trump, a case challenging the so‑called Liberation Day tariffs imposed under IEEPA. According to the centre, that earlier suit represented five small businesses and argued that unilateral, across‑the‑board global tariffs required congressional authorisation. Industry and the centre said those tariffs disrupted supply chains and raised costs for US firms.
Last week the Court of International Trade ordered the government to refund at least $130 billion in previously collected duties, a development that added momentum to fresh litigation. Two dozen states also filed suit on 5 March contesting the administration’s latest tariff measures, broadening the legal challenge beyond private plaintiffs.
The new complaint emphasises separation‑of‑powers concerns, arguing that Section 122 does not confer a general taxing power on the executive. Burlap & Barrel, based in New York City, imports spices from small farmers worldwide; Basic Fun, headquartered in Boca Raton, Florida, manufactures toys such as Tonka Trucks in China.
The White House has defended the policy. “The President is using his authority granted by Congress to address fundamental international payments problems and to deal with our country’s large and serious balance‑of‑payments deficits,” White House spokesperson Kush Desai told The Post last week. The administration has said it will “vigorously defend” the tariffs in court.
The latest filing ensures the constitutionality of the administration’s trade actions will be tested again in the specialised trade court, even as parallel suits proceed. The outcome could determine whether future presidents can deploy similar tariff programmes without explicit congressional legislation.
Source: Noah Wire Services
