Arizona Attorney General Kris Mayes is co-leading several states in yet another lawsuit against the Trump administration over tariffs.
This is the third lawsuit Mayes has participated in regarding tariffs. The Democratic coalitions of attorneys general won the other cases, but the Trump administration keeps imposing new tariffs under different laws.
Arizona is one of 25 states in this latest lawsuit. This time, it’s under a section of the 1974 Trade Act, designed to target countries using unfair practices and forced labor.
Other presidents have used Section 301 of the Trade Act, including President Joe Biden. It relies on the Office of United States Trade Representative investigating and finding fault with the trade practices of the countries in question.
That office is under the purview of the Trump administration.
Mayes claims there is no proven forced labor issue, and using the Trade Act is just an excuse for Trump to keep pushing his agenda.
“This was all a pretext,” Mayes said. “They made it clear that the moment that the Section 122 tariffs ran out, they were going to pivot to Section 301.”
Ultimately, she argued the cost of the tariffs inevitably ends up on Americans.
“Our states will not stand by while the administration tries for a third time to impose global taxes on Americans and Arizonans without legal authority,” Mayes said.
The lawsuit is Mayes’ 48th against the Trump administration. It asks the United States Court of International Trade to — again — deem the tariffs illegal, and reject them.
Trump’s first attempt at imposing tariffs relied on the International Emergency Economic Powers Act, but the United States Supreme Court rejected his authority.
Then, the president used a different section of the Trade Act. The Court of International Trade threw that out, too.
Mayes and her Solicitor General Josh Bender said they don't know of any other ways Trump can try to impose tariffs which could result in a fourth lawsuit on the topic, but anything is possible.
Bender joked he doesn’t want to give the Trump administration free legal advice.
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