Author: Mike Jenkins. Published by the Tampa Free Press on July 8, 2025.
(Tampa Free Press)—The Liberty Justice Center (LJC) today intensified its legal challenge against the Trump Administration’s “Liberation Day” tariffs, filing a response brief with the U.S. Court of Appeals for the Federal Circuit. This move marks a critical juncture in a case that questions the President’s authority to unilaterally impose widespread tariffs under the guise of emergency powers.
The legal saga began on April 14, when the LJC filed a lawsuit arguing that the Trump Administration’s use of the International Emergency Economic Powers Act (IEEPA) to justify across-the-board tariffs is unconstitutional.
The LJC contends that IEEPA does not explicitly grant the power to impose tariffs, and even if it did, its application is limited to “unusual or extraordinary threats” – a designation they argue does not apply to trade deficits, the administration’s stated basis for the tariffs. Furthermore, the LJC asserts that such a broad interpretation of IEEPA would lead to serious constitutional separation of powers issues, effectively allowing the executive branch to usurp Congress’s authority over trade.
In a significant victory for the LJC in May, the U.S. Court of International Trade unanimously sided with its clients, ruling that the Trump Administration had indeed unlawfully imposed the tariffs. The federal government subsequently appealed this decision to the Federal Circuit, prompting today’s formal response brief from the LJC.
The Liberty Justice Center’s legal team is bolstered by the involvement of prominent appellate lawyers and constitutional scholars, including Judge Michael W. McConnell, Neal Katyal, and Ilya Somin, underscoring the weight and complexity of the constitutional questions at stake.
Jeffrey Schwab, Senior Counsel and Director of Litigation at the Liberty Justice Center, emphasized the potential devastation of the “Liberation Day” tariffs. “The ‘Liberation Day’ tariffs would be devastating to the economy, to the small businesses we represent, and to the rights of all Americans,” Schwab stated. “The executive branch cannot usurp Congress’s authority to impose tariffs without blatantly violating the separation of powers—and it especially cannot fabricate emergencies to justify that violation. We are proud to continue our fight to hold all levels of government accountable to the people and the nation they serve.”
The economic impact of tariffs has been a significant point of contention. Tariffs, essentially taxes on imported goods, are typically paid by U.S. companies and can lead to increased prices for consumers, disruptions in supply chains, and higher operational costs for businesses, particularly small enterprises with limited resources. While proponents argue tariffs can protect domestic industries, critics warn of their potential to fuel trade wars and accelerate inflation.
Oral arguments in the government’s appeal are scheduled for July 31 at 10 AM EDT before the U.S. Court of Appeals for the Federal Circuit.