Liberty Justice Center files first legal challenge against 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 legal challenge against President Trump's new Section 301 tariffs. The lawsuit, filed in 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, not wage a worldwide trade war. The complaint also contends the tariffs run afoul of the major questions doctrine, which requires Congress to clearly authorize executive actions of vast economic significance, and the nondelegation doctrine, which limits congressional power delegation to the executive. The plaintiffs, two small businesses importing goods from affected countries, are seeking class action certification to block the tariffs for all importers. The Liberty Justice Center previously succeeded in challenging Trump's IEEPA and Section 122 tariffs in court.