Donald Trump's tariffs face massive legal pushback as Libertarians get twitchy

Washington D.C.:  A libertarian legal group funded by conservative donors Leonard Leo and Charles Koch has sued the Trump administration over its use of emergency powers to impose tariffs on imports.

The New Civil Liberties Alliance (NCLA) argues Trump exceeded his authority by invoking the International Emergency Economic Powers Act (IEEPA) to justify the duties, calling the move unlawful.

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The lawsuit, filed on behalf of Florida-based importer Simplified, contends that tariff-setting power belongs to Congress, not the president. The NCLA warns the policy could violate Supreme Court precedent on executive overreach. The case highlights growing GOP opposition to Trump’s trade policies, including a recent Senate amendment — backed by four Republicans — to repeal tariffs on Canada. Meanwhile, a bipartisan bill to curb presidential tariff authority faces a likely veto.

What is the ​The New Civil Liberties Alliance (NCLA)?

The NCLA is a nonpartisan, nonprofit civil rights organization founded in 2017 by legal scholar Philip Hamburger. Based in Washington, D.C., NCLA's mission is to protect constitutional freedoms from violations by the Administrative State. The organization challenges what it views as unlawful uses of administrative power through public-interest litigation and pro bono advocacy. ​

Led by President and Chief Legal Officer Mark Chenoweth, NCLA had 27 staff members as of 2024 and reported $4.82 million in revenue in 2022. The organization has received financial support from entities affiliated with Charles Koch and Leonard Leo.