On Friday, March 5, 2026, twenty-four (24) states filed a
complaint in the Court of International Trade (“CIT”) against the Trump Administration challenging the legality of the Section 122 duties imposed on February 20th after the U.S. Supreme Court ruled that the International Emergency Economic Powers Act does not permit the president to impose tariffs. For additional information about the Supreme Court’s decision and the Section 122 duties, see our prior blog posts
here and
here.
The complaint alleges that the intent of Section 122 was to address a temporary balance of payment crisis—a crisis which cannot exist under the modern currency system. Specifically, the states allege that Section 122 duties violate the separation of powers and requested the CIT enjoin U.S. Customs from implementing and collecting the Section 122 duties. The complaint also requested that refunds of previously paid Section 122 duties be issued to the importers of records.
On Monday, March 9, 2026, two private companies represented by the Liberty Justice Center filed a similar complaint challenging the president’s authority to impose duties under Section 122. The complaint alleges that the president does not have the authority to impose duties under Section 122 because there is not an existing balance of payment issue and because the imposition of duties under Section 122 violate the nondelegation doctrine. The complaint specifically alleges that the duties violate the nondelegation doctrine because the interpretation of Section 122 is “the equivalent of the delegations the Supreme Court previously struck down” as it “provides no intelligible principal limiting the imposition of tariffs.” Burlap and Barrel v. Trump, 1:26-cv-01606 (CIT Mar. 9, 2026) at ¶¶ 123 and 127.
We anticipate that the Section 122 litigation will proceed on an expedited basis with an ultimate appeal up to the U.S. Supreme Court. We will continue to monitor and provide updates on the Section 122 litigation and will share further updates as available.
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