On April 24, the Liberty Justice Center applauded the filing of a significant amici curiae brief by a coalition of bipartisan legal luminaries in support of the challenge to President Trump’s “Liberation Day” tariffs. The brief, submitted in V.O.S. Selections, Inc. v. Trump, urges the U.S. Court of International Trade to strike down the tariffs as an unconstitutional and unprecedented seizure of legislative power.
The amici brief, authored by former U.S. Senators, a retired U.S. Attorney General, retired federal judges, and preeminent constitutional scholars, condemns the President’s sweeping use of the International Emergency Economic Powers Act (IEEPA) to impose a 10% baseline tariff on nearly all imports, as well as sharply higher duties on Chinese goods and foreign automobiles. The amici argue that these tariffs represent “arbitrary taxation untethered from the constitutional processes designed to safeguard liberty,” and warn that “the Constitution does not permit taxation by proclamation.”
“This case is not about trade. It is about power—who has it, and who must authorize its use,” the amici write, emphasizing that the President’s actions were imposed unilaterally, without congressional debate or statutory process. The brief appeals directly to the Court’s duty to defend the separation of powers, warning that unchecked executive action would threaten not only international commerce but the very norms that sustain constitutional governance.
The Liberty Justice Center, which represents five small businesses in this landmark lawsuit, welcomes the amici’s support and the national attention it brings to the constitutional stakes of the case.
“The Constitution does not give the President unilateral authority to issue tariffs, especially given their worldwide economic consequences,” said Jeffrey Schwab, Senior Counsel at the Liberty Justice Center. “We are grateful that a such a prominent and diverse group of legal experts supports us in opposing the President’s unconstitutional and unlawful actions.”
This amici brief follows the Liberty Justice Center’s April 18, motion seeking a temporary restraining order, a preliminary injunction, and a permanent injunction to stop the tariffs and protect small businesses. On April 22, the Court of International Trade, recognizing the importance of addressing that motion quickly, while denying emergency relief, set a briefing schedule and a hearing on the motion is set for May 13, 2025, at 11:00 AM.
“I have rarely, if ever, seen such an ideologically diverse group of prominent legal scholars and former government officials united on a major legal issue. Certainly never expected to see Steve Calabresi, Richard Epstein, and Harold Koh all on the same brief,” said Ilya Somin, co-counsel, law professor, Scalia Law School, George Mason University. “But Donald Trump’s tariff power grab brought them together. Perhaps he alone could do it!”
The legal filings in V.O.S. Selections, Inc. v. Trump are available here.