Delaware Attorney General Kathy Jennings joined a coalition of attorneys general in filing a lawsuit to block President Trump’s illegal tariffs.
“There are no winners in a trade war,” said AG Jennings. “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.”
“The Trump administration tariffs are a gross abuse of power, economically misguided and enacted without regard for the long-term consequences to Americans,” said Governor Matt Meyer. “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 lawsuit challenges President Trump’s executive orders calling for higher tariffs on most products worldwide. These tariffs impose a 145 percent tariff on most products from China, a 25 percent tariff on most products from Canada and Mexico, and 10 percent tariffs on most products from the rest of the world. It also challenges President Trump’s plan to raise tariffs on imports from 46 other trading partners on July 9.
According to the International Trade Administration:
- Delaware imported more than $10 billion of goods and exported nearly $5 billion in goods in 2024
- Nearly 90% of the firms exporting goods in 2022 were small and medium-sized enterprises (SMEs) employing less than 500 employees.
- Trade supports tens of thousands of Delaware jobs: roughly 36,000 Delaware jobs are supported by foreign-owned firms investing in the United States, and roughly 17,000 are supported by Delaware’s export economy.
Studies of the tariffs President Trump issued in his first term show that 95 percent of the cost of tariffs are paid by Americans. The Federal Reserve and the International Monetary Fund project that this round of tariffs will cause inflation.
Under Article I of the Constitution, only Congress has the “Power To lay and collect Taxes, Duties, Imposts and Excises.” The executive orders cite the powers granted by the International Emergency Economic Powers Act (IEEPA), but that law applies only when an emergency presents “unusual and extraordinary threat” from abroad and does not give the President the power to impose tariffs. Congress enacted IEEPA in 1977. No President had imposed tariffs based on IEEPA until President Trump did so this year.
Other plaintiffs in the lawsuit include Arizona, Colorado, Connecticut, Illinois, Maine, Minnesota, Nevada, New Mexico, New York, Oregon, and Vermont.
Original source can be found here.