The Liberty Justice Center has voiced support for a new amici curiae brief presented by a bipartisan coalition of legal experts in the case of V.O.S. Selections, Inc. v. Trump. This legal document urges the U.S. Court of International Trade to dismiss tariffs imposed by former President Donald Trump, arguing they represent an unconstitutional overreach of legislative powers.
The amici brief was crafted by a range of notable figures, including former U.S. Senators, a retired U.S. Attorney General, retired federal judges, and respected constitutional scholars. They criticize Trump's use of the International Emergency Economic Powers Act (IEEPA) to apply a 10% baseline tariff broadly across imports, with increased duties on Chinese goods and foreign automobiles. In the brief, the tariffs are labeled as “arbitrary taxation untethered from the constitutional processes designed to safeguard liberty,” with a reminder that “the Constitution does not permit taxation by proclamation.”
The core issue of the case, according to the authors, is about authority and the need for its proper authorization. They argue that the President sidestepped necessary congressional dialogue and acted without statutory procedure. The brief underscores the court's role in upholding the separation of powers to prevent unchecked executive actions that could undermine both international trade and core constitutional principles.
The Liberty Justice Center, representing five small businesses in the litigation, appreciates the support from this coalition of legal experts and the visibility it brings to the case's constitutional matters. Jeffrey Schwab, Senior Counsel at the Liberty Justice Center, emphasized, “The Constitution does not give the President unilateral authority to issue tariffs, especially given their worldwide economic consequences.”
Recently, the Liberty Justice Center sought legal interventions to halt the tariffs, including a temporary restraining order and a permanent injunction. While the Court of International Trade has yet to grant emergency relief, it has set a schedule for briefing and a hearing on May 13, 2025.
One voice highlighting the unusual coming together of diverse legal minds is Ilya Somin, co-counsel and professor at Scalia Law School, George Mason University, who noted, “Certainly never expected to see Steve Calabresi, Richard Epstein, and Harold Koh all on the same brief... But Donald Trump’s tariff power grab brought them together. Perhaps he alone could do it!”