Delaware Attorney General Kathy Jennings has collaborated with fellow attorneys general to file a lawsuit aiming to halt tariffs imposed by President Trump's administration. Speaking on the matter, Jennings stated, “There are no winners in a trade war. These illegal and inflationary tariffs, including tariffs against our closest allies, are a tax that will destroy jobs, break supply chains, and dry up investments. Worst of all, they will hurt the consumers who can least afford it: working class and middle class Delawareans who are already struggling to balance their budgets. We’re suing to stop him and restore common sense.”
Governor Matt Meyer shared his perspective, labeling the tariffs as "a gross abuse of power, economically misguided and enacted without regard for the long-term consequences to Americans. Tariffs are taxes, plain and simple. And these particular taxes were levied illegally and without a coherent strategy. Lawsuits are a necessary check on executive overreach. I am in full support of Attorney General Jennings’ efforts to protect Delawareans."
The legal action contests executive orders issued by President Trump, which demand increased tariffs worldwide. The orders enforce a 145 percent duty on most goods from China, a 25 percent duty on most goods from Canada and Mexico, and 10 percent duties on most other global products. Additionally, the lawsuit opposes the planned rise in tariffs on imports from 46 other nations scheduled for July 9.
Recent data from the International Trade Administration demonstrates Delaware's extensive involvement in international trade. The state imported over $10 billion in goods and exported approximately $5 billion in 2024. The 2022 statistics reveal that nearly 90% of exporting enterprises in Delaware were small and medium-sized, employing under 500 people. These trades significantly support local employment, contributing to around 36,000 jobs associated with foreign firms operating locally and about 17,000 jobs tied to Delaware's export sector.
Local companies including DuPont and Mountaire have faced retaliatory actions from China due to these tariffs. Analysis indicates that 95 percent of the tariff costs are borne by Americans, and both the Federal Reserve and the International Monetary Fund suggest these tariffs might trigger inflation.
The lawsuit invokes Article I of the Constitution, which assigns Congress the authority "To lay and collect Taxes, Duties, Imposts and Excises." The Trump administration’s use of the International Emergency Economic Powers Act (IEEPA) is challenged on grounds that the Act should only activate under "unusual and extraordinary threat" conditions, excluding tariffs imposition via presidential orders. The IEEPA was introduced in 1977, and this represents a first instance of tariffs imposed under its provision.
In addition to Delaware, the plaintiffs include Arizona, Colorado, Connecticut, Illinois, Maine, Minnesota, Nevada, New Mexico, New York, Oregon, and Vermont.