A prominent conservative legal organization is challenging President Donald Trump’s latest round of tariffs, calling them an unconstitutional overreach that sidelines Congress’s exclusive authority over trade and taxation.
The New Civil Liberties Alliance (NCLA) filed a 24-page lawsuit Thursday in federal court in Austin, Texas, arguing that Trump’s tariffs on Chinese goods were imposed unlawfully under the guise of an emergency. The group contends the president invoked the International Emergency Economic Powers Act (IEEPA) in a way that no administration has ever done since the statute’s enactment in 1977.
“A tariff is a tax on Americans’ commerce with other countries,” the complaint states. “The Constitution grants Congress—not the president—the exclusive power to impose tariffs and regulate foreign trade.”
The NCLA, which previously filed a similar suit now pending in the U.S. Court of International Trade, is asking the court for a preliminary injunction to block the tariffs’ implementation and enforcement.
Lawsuit Claims Misuse of Emergency Powers
At the heart of the case is Trump’s decision to declare a national emergency based on two issues: the U.S. trade deficit with China and the influx of Chinese-made opioids. Using IEEPA, the administration justified imposing across-the-board tariffs on a wide range of Chinese imports.
But according to the lawsuit, the connection between those issues and the tariffs is tenuous at best.
“The Tariff Executive Orders show no meaningful link between these problems and the tariffs,” the complaint argues. “There’s no evidence the tariffs are ‘necessary’ to address either the opioid crisis or the trade imbalance. The law demands more than vague connections — it requires a direct fit between the emergency declared and the action taken.”
NCLA attorneys say that under IEEPA, presidential actions must be clearly necessary to respond to a genuine national emergency. The lawsuit points out that IEEPA has traditionally been used for swift sanctions in times of crisis — not to impose economic policies like tariffs that fundamentally affect domestic businesses and consumers.
‘A Specter of Taxation Without Representation’
“This is a blatant power grab,” said Andrew Morris, Senior Litigation Counsel for NCLA. “The Constitution is clear: tariffs are Congress’s responsibility. These unlawful tariffs hurt small businesses — including our clients — and upend the separation of powers.”
The plaintiffs in the case include outdoor cooking brand FIREDISC, the Game Manufacturers Association (GAMA), and Ryan Wholesale, a timber products company. They claim the tariffs will inflate production costs and ultimately lead to higher prices for American consumers.
NCLA President Mark Chenoweth was even more pointed in his criticism: “Someone gave the President very bad legal advice,” he said. “In nearly 50 years, no administration has interpreted IEEPA as authorizing unilateral tariffs. By doing so now, this White House is resurrecting the specter of ‘taxation without representation’ — the very issue that sparked the American Revolution.”
The group emphasizes that IEEPA doesn’t even mention tariffs, nor does it authorize the president to impose taxes on Americans through executive order.
Legal and Political Fallout
Trump’s use of emergency powers to bypass Congress on tariffs has raised eyebrows even within conservative circles, as his administration continues to push the boundaries of executive authority. Critics argue that the precedent could have lasting implications for how future presidents assert power in the realm of international trade.
With one lawsuit already transferred to the U.S. Court of International Trade in Manhattan and this new challenge moving forward in Texas, Trump’s economic strategy could face significant legal roadblocks — not just from the left, but from those on the right concerned about constitutional checks and balances.
Whether the courts will agree that Trump’s actions constitute executive overreach remains to be seen, but the political optics are clear: even some of his traditional allies believe he’s gone too far.
