The tariff CASE
Defending Businesses, Defending the Constitution
We represent U.S.-based businesses harmed by sweeping new tariffs that were imposed without approval from Congress. These tariffs raise costs, disrupt supply chains, and put jobs at risk. More importantly, they cross a constitutional line: only Congress has the power to impose tariffs.
Our Case
VOS Selections v. Trump
At the Liberty Justice Center, we stood up for American businesses—and for the Constitution itself—against unlawful tariffs imposed by presidential decree. Our successful case, VOS Selections v. Trump, was about more than trade. It was about preserving the separation of powers that safeguards our democracy and economy. The Supreme Court’s landmark ruling affirms that the Constitution—not executive power—governs tariffs, our economy, and our laws.
why it matters
The Threats Behind the Tariffs
This lawsuit was not just about one set of tariffs. It was about stopping a dangerous precedent before it becomes permanent. If presidents can bypass Congress to tax and regulate at will, no business or consumer is safe from politically motivated “emergency” policies.
Threat to Businesses
The tariffs mean higher costs, cancelled orders, layoffs, and uncertainty.
Threat to Consumers
Tariffs are taxes that drive up prices on everyday goods.
Threat to the Constitution
If presidents can tax by emergency, Congress loses its role.
our legal arguments
Tariffs Are Taxes—And Only Congress Can Tax
Our case rested on a simple principle: tariffs are taxes, and only Congress has the constitutional authority to impose them. We fought to ensure that the Constitution’s checks and balances were honored, that businesses have certainty, and that liberty—not executive power—sets the terms of trade in America.
The IEEPA doesn’t authorize tariffs.
The Trump administration invoked the International Emergency Economic Powers Act to justify tariffs—but that law was never meant to let presidents impose taxes. Tariffs are taxes, and only Congress can levy them.
No true emergency exists.
The law applies only to “unusual and extraordinary” threats originating abroad, yet the Trump administration claims that a long-standing trade imbalance qualifies as such an emergency—a position that is both legally incorrect and factually unsupported.
Constitutional safeguards matter.
Our case rests on two key constitutional doctrines: the Nondelegation Doctrine, which forbids Congress from handing core powers like taxation to the executive, and the Major Questions Doctrine, which bars presidents from making major economic decisions without clear congressional approval.
Meet some of Our Clients
Businesses Standing for Liberty
what's next
Project TERRA Will Work to Get Businesses Refunds
Now that the Supreme Court upheld our challenge to the “Liberation Day” tariffs and allowed refunds, Project TERRA will help small businesses claim back what they paid—clearly, quickly, and at no cost for using our resources.
Sign up below, and we’ll keep you updated and send you information about refunds for unconstitutional tariffs.
Questions?
Send us an email at [email protected].
support our work
We won this case, but challenges to the Constitution require vigilance. We fight for our clients free of charge, and we need your support to continue challenging the government and representing the hard-working men and women who run America’s businesses.