The rationale for the application of the tariffs was authority granted by the International Emergency Economic Powers Act, which provides that under a national emergency declaration, the president may take steps to deal with "any unusual and extraordinary threat" to national security, foreign policy, or the economy. The statute does not mention tariffs, an authority exclusively granted to the Congress by the Constitution, and has never been used for that purpose in the past.
The suit seeks refunds for tariffs the plaintiffs, which include Stonemaier Games, have paid and to reassert the limit on presidential authority.
The Pacific Legal Foundation describes itself as "a public interest law firm that defends Americans' liberties when threatened by government overreach and abuse." It has argued 20 cases at the Supreme Court since its founding in 1973, and is 18-2. It aligns with conservative causes on many issues and has ties to conservative donor Charles Koch, according to the New York Times. The pairing shows the breadth of opposition, which brings together wide-ranging constituencies, to the administration's new tariff policies.
