WHAT: On March 9, 2026, the Liberty Justice Center filed a lawsuit in the U.S. Court of International Trade challenging President Trump’s attempt to reimpose broad global tariffs under Section 122 of the Trade Act of 1974, following the Supreme Court’s landmark decision striking down the prior tariff regime imposed under the International Emergency Economic Powers Act (IEEPA).
The Liberty Justice Center will host a 4 p.m. EDT media roundtable to discuss the case and next steps.
WHO: The Liberty Justice Center’s Director of Litigation, Jeffrey Schwab, and lead plaintiffs, Founder/Presidents of Burlap and Barrel, Inc., Ethan Frisch and Ori Zohar, and President of Basic Fun, Inc., Jay Foreman.
WHEN: 4 p.m., March 9, 2026
WHERE: Media Roundtable Zoom
HOW: Members of the press can register for this online media roundtable here.
ISSUE BACKGROUND: On February 20, 2026, the Supreme Court held that the IEEPA does not authorize the President to impose tariffs in the landmark case V.O.S. Selections, Inc. v. Trump. Following this decision, the administration announced a new plan: a global tariff beginning at 10 percent imposed under Section 122 and justified as a response to alleged “fundamental international payments problems” and “large and serious United States balance‑of‑payments deficits.”
Burlap and Barrel, Inc. v. Trump centers on the fundamental constitutional dispute regarding whether the President or Congress holds the authority to impose tariffs on the American people. The Liberty Justice Center is once again representing American businesses, like Burlap & Barrel and Basic Fun!, who shoulder the financial burden of this administration overstepping its executive boundaries by reinterpreting Section 122 of the Trade Act of 1974.
While this statute allows for temporary tariffs during genuine international financial emergencies, no such emergency exists and the administration is unlawfully using long-standing trade deficits as a pretext to bypass congressional approval and impose sweeping taxes on imports.
Such an interpretation would dramatically expand presidential power, permitting future leaders to bypass democratic accountability by simply redefining ordinary economic conditions as a “crisis.” For the American businesses, the stakes are both practical and existential, as these tariffs threaten to disrupt global supply chains, increase prices for American families, and jeopardize domestic jobs. The power to tax remains exclusively with Congress and the Liberty Justice Center will protect the constitutional separation of powers and the rule of law.