Arizona Attorney General Kris Mayes is co-leading a coalition of Democratic attorneys general and governors in a new lawsuit filed Thursday against President Trump for his second attempt to impose tariffs.
Mayes joined a similar coalition of Democratic attorneys general that filed a lawsuit against Trump’s first round of tariffs last April.
The U.S. Supreme Court recently ruled that those tariffs were, in fact, illegal.
Within hours of the court’s ruling, Trump issued a new executive order imposing tariffs under a different section of law.
“The Supreme Court of the United States told Donald Trump that his tariffs were illegal, that he had been taxing the American people without the legal authority to do so, that he had to stop,” Mayes said. “So what did he do? He threw a temper tantrum and he did it again.”
The new lawsuit was filed in the United States Court of International Trade and could also make its way back up to the Supreme Court. It was filed by a total of 22 Democratic attorneys general plus the governors of Pennsylvania and Kentucky.
Trump enacted his first round of tariffs under the International Emergency Economic Powers Act of 1977. This time around, he’s trying to impose tariffs under the Trade Act of 1974.
Trump is relying on a section of that law that allows the president to impose temporary import restrictions, but only for a maximum of 150 days. They went into effect on Feb. 24.
The coalition is seeking an immediate stay or preliminary injunction to stop the tariffs.
“He’s calling it a ‘fix.’ It’s not. It is the same illegal power grab under a different statute than he used the last time,” Mayes said of Trump’s strategy.
As the attorneys general argued in their first case, the power to impose tariffs lies with Congress.
The Democratic attorneys general claimed some Republican officials agree with their fight against tariffs, but aren’t joining the legal fight to avoid political repercussions.
“I think they’re secretly rooting for us,” California Attorney General Rob Bonta said of Republican attorneys general. “Because when we deliver a victory and get tariffs struck down, their residents benefit. Their businesses benefit. But, they seemingly won't dare to stand up for the rule of law.”
“These lawsuits in our states are being widely supported by Republicans and Democrats and independents because all of them are being harmed and they all care about our economies,” Mayes said.
Democratic lawmakers estimate Trump’s tariffs have cost the average American family about $1,700. Americans paid the majority of the cost of tariffs last year.
At this point, Democratic attorneys general have filed dozens of lawsuits against the Trump administration. This is Mayes’ 37th lawsuit.
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