Liberty Justice Center files first lawsuit challenging Trump's new Section 301 tariffs

Published Jul 24, 07:55 PM UTC

The Liberty Justice Center has filed Burlap & Barrel, Inc. v. Greer, the first lawsuit challenging former President Donald Trump's massive new Section 301 tariffs. The complaint, filed at the US Court of International Trade, argues that the tariffs violate the procedural and substantive requirements of Section 301, which was intended to target specific trade practices rather than wage a worldwide trade war. The lawsuit also contends the tariffs run afoul of the major questions doctrine, requiring Congress to clearly authorize decisions of vast economic significance, and the nondelegation doctrine, which limits delegation of congressional tariff authority to the executive. The plaintiffs, two small businesses importing goods from affected countries, are seeking class action certification to potentially block the tariffs for all importers. The author, who previously worked on a related IEEPA tariff case, supports the lawsuit and notes additional challenges are likely.