Attorney General Jennifer Davenport today joined a coalition of attorneys general in filing a motion to block President Trump’s latest efforts to impose illegal tariffs on products purchased by American consumers and businesses. Today’s motion asks for summary judgment or, in the alternative, a preliminary injunction.
“Tariffs are taxes, and President Trump cannot concoct imaginary conditions that would allow him to impose taxes without involving Congress,” said Attorney General Davenport. “The Administration’s unwillingness to return the billions of dollars taken from businesses and families in his first round of invalidated tariffs makes clear the need for the courts to move quickly to protect them from his latest illogical, illegal scheme.”
For more than a year, President Trump has attempted to impose tariffs on essential goods purchased by American consumers and businesses. Initially he invoked the International Emergency Economic Powers Act, but the Supreme Court ruled those tariffs were unlawful.
The President is now attempting to use a different law that has never been used before —Section 122 of the Trade Act of 1974 — and has imposed 10% tariffs on most products worldwide, purportedly in response to trade deficits. But those tariffs are illegal, too. Section 122 allows tariffs only when there are “large and serious balance-of-payment deficits.” But no such thing exists — a trade deficit is not a balance-of-payment deficit and there is not a balance-of-payments deficit with today’s floating currency.
Today’s motion asks the U.S. Court of International Trade to order federal agencies to stop collecting the latest round of illegal tariffs. Economic analysis submitted to the court shows that state governments in the 24 plaintiff states stand to pay at least $748 million per year in additional costs due to the tariffs. Additionally, a recent analysis by researchers at the Federal Reserve Bank of New York concluded that nearly 90% of the costs of tariffs last year were paid by American consumers and businesses.
The case is entitled State of Oregon, et al., v. Trump, et al. (Case No. 1:26-cv-01472-3JP) and is pending before a three-judge panel of the U.S. Court of International Trade (CIT). The court has scheduled in-person oral argument on the states’ motion for 10 a.m. on Friday, April 10, 2026, in its ceremonial courtroom in New York City.
Joining Attorney General Davenport in the lawsuit are the attorneys general of Oregon, Arizona, California, New York, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, North Carolina, Rhode Island, Vermont, Virginia, Washington, and Wisconsin, and the Governors of Kentucky and Pennsylvania.
