America First Legal Files Brief at U.S. Supreme Court Supporting President Trump’s Invocation of Presidential Emergency Authorities to Impose Tariffs, Protect American Workers

WASHINGTON, D.C. – America First Legal (AFL) has filed an amicus brief in the U.S. Supreme Court supporting President Trump’s use of the International Emergency Economic Powers Act (IEEPA) to impose tariffs on imported foreign goods. AFL filed this brief alongside co-counsel Boyden Gray PLLC and fellow amici Representative Darrell Issa, Chairman of the Subcommittee on Courts of the House Judiciary Committee and the Vice Chair of the House Foreign Affairs Committee, Representative Brian Mast, Chairman of the House Foreign Affairs Committee, and Coalition for a Prosperous America. 

The consolidated cases before the Supreme Court, Learning Resources v. Trump and V.O.S. Selections, Inc. v. Trump, challenge the President’s ability to exercise his national security and foreign affairs discretion by using tariffs to protect American interests.

AFL’s brief argues:

• Congress clearly authorized the President to exercise the powers he did in this case. Using terms with longstanding and settled meanings, Congress specifically authorized the President to impose fees, like tariffs, on certain imported goods.

• The statute at issue does not violate the separation of powers, such as the non-delegation doctrine or the major questions doctrine.

• The Courts have no authority to second-guess the President’s determination here, where the determination relates to 1) whether a national emergency exists and 2) the emergency relates to the readiness of the armed forces in the context of foreign affairs. These are both core executive functions that are largely immune to judicial review.  

“In a 1841 case, the Supreme Court described tariffs as a form of regulation. Given this precedent, the Court must read IEEPA as sufficiently cabining the President’s exercise of emergency discretion. This case is easily resolved by applying an over 175-year old precedent and the plain meaning of a statute,” said Dan Epstein, America First Legal Vice President.

Read the brief here.

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