Yesterday, the New Civil Liberties Alliance, a prominent conservative public interest group, filed a lawsuit challenging Trump's IEEPA tariffs against China. To avoid confusion, I should not these are not the much more sweeping "Liberation Day" tariffs enacted against some 180 nations (also using the IEEPA), which the Liberty Justice Center and I plan to challenge in court. The NCLA lawsuit focuses on the 10% tariff against Chinese imports adopted in February under the theory that it is somehow necessary to combat fentanyl smuggling. Still, their arguments (especially on nondelegation and the major questions doctrine) overlap in some ways with those I have been promoting since February, when Trump first announced IEEPA tariffs against China, Mexico, and Canada in February.
Here is NCLA's description of their case:
