Pelosi, House Democrats Challenge Trump’s Unlawful, Chaotic Imposition of IEEPA Tariffs

Washington, D.C. —  Speaker Emerita Nancy Pelosi joined 147 Democratic Members of Congress in filing an amicus brief late Monday night challenging President Donald Trump’s sweeping and chaotic tariffs unlawfully imposed under the International Emergency Economic Powers Act (IEEPA). The lawmakers’ brief stands up for Congress’s Article I exclusive legislative power to impose tariffs and regulate commerce, and argues that IEEPA does not give the President the power to impose reckless, on-again-off-again tariffs, which have wreaked havoc on the U.S. economy.

The amicus brief was led by Task Force Co-Chairs Joe Neguse and Ranking Member Jamie Raskin; House Democratic Leader Hakeem Jeffries; and Ranking Members Gregory Meeks of the Committee on Foreign Affairs, and Richard E. Neal of the Committee on Ways and Means. It was filed in the matter of Oregon, et al., v. Trump, et al. which was brought forth by 12 States’ Attorneys General.

“President Trump’s senseless tariffs are harming San Franciscans and hardworking families across the country,” Speaker Emerita Nancy Pelosi said. “House Democrats are committed to defending working families from economic chaos and protecting Congress’s constitutional power to regulate trade. That’s why I proudly House Democrats’ Litigation and Rapid Response Task Force in filing an amicus brief challenging the President’s reckless, unlawful tariffs—because the American people deserve economic stability, not fear and uncertainty.”

The Constitution gives Congress, not the President, the authority to impose tariffs, and the President can only raise tariffs if Congress has clearly delegated its authority to him. Although IEEPA (enacted in 1977) grants the president authority to impose sanctions, block foreign assets, and regulate economic transactions in response to “unusual and extraordinary threats” originating abroad, it is not a tariff statute and has never been used that way. Congress knows how to delegate tariff authority and has clearly done so on a number of occasions. When Congress does delegate such authority, it imposes substantive, procedural, and temporal limits on the president’s power in order to avoid economic chaos and protect the American people. 

The full brief is available HERE.