Pappas Backs Bicameral Amicus Brief to Supreme Court Challenging Trump's Unlawful Tariffs

Today Congressman Chris Pappas (NH-01), alongside 170 House Democrats and 36 U.S. Senators, took the fight against President Donald Trump’s sweeping and chaotic on-again-off-again tariffs to the highest court in the land, filing an amicus brief before the United States Supreme Court. The lawmakers’ filing stands up for Congress’s Article I legislative powers and argues that the International Emergency Economic Powers Act (IEEPA) is not a tariff statute and that Congress did not intend or provide for IEEPA to be used as a tariff statute.

These chaotic on-again, off-again tariffs are not just lawless; they are hurting Americans, driving up prices for consumers, and crushing small businesses.

The amicus brief was led by Task Force Chair Joe Neguse and Ranking Member Jamie Raskin, House Democratic Leader Hakeem Jeffries, Ways and Means Ranking Member Richard E. Neal, House Foreign Affairs Ranking Member Gregory Meeks, as well as Senate Foreign Relations Ranking Member Jeanne Shaheen and Senate Finance Ranking Member Ron Wyden. It was filed in the matter of Oregon, et al., v. Trump, et al., which was brought forth by 12 States’ Attorneys General. U.S. Senator Maggie Hassan (NH) and Congresswoman Maggie Goodlander (NH-02) also joined the brief. 

In addition to 207 Congressional Democrats, the brief was signed by Republican Senator Lisa Murkowski—marking the Task Force’s first bipartisan legal challenge against the administration.

“This administration’s tariffs are effectively imposing a national sales tax on our small businesses and families. It’s killing jobs, raising prices, hurting our economy, and leaving families worse off,” said Congressman Chris Pappas. “And on top of all that, the President doesn’t even have the authority to impose these tariffs under IEEPA. I am disappointed that President Trump is continuing to press his case through an appeal to the Supreme Court, and I will continue to call on him to reverse his harmful tariff policy and accept the lower court rulings that have already struck down his illegal tariffs. It’s time for us to get to work on policies that will lower prices for families and small businesses, boost American manufacturing, and grow our economy.”

The full brief is available HERE.

About IEEPA:

The Constitution gives Congress, not the President, the authority to impose tariffs, and the President can only raise tariffs if Congress has clearly delegated its authority to him. Although IEEPA (enacted in 1977) grants the president authority to impose sanctions, block foreign assets, and regulate economic transactions in response to “unusual and extraordinary threats” originating abroad, it is not a tariff statute and has never been used that way. 

Notwithstanding law and precedent, on April 2, 2025, now dubbed by the Trump administration as “Liberation Day,” President Trump invoked IEEPA to authorize a sweeping set of tariffs on foreign imports. 12 States’ Attorneys General quickly sued the administration for this action (Oregon, et al., v. Trump, et al.)

The Litigation Task Force made the same substantive arguments before the Court of International Trade (CIT) and the U.S. Court of Appeals for the Federal Circuit. Both courts struck down the President’s illegal tariffs under IEEPA, leading the administration to appeal the lower court’s ruling. The matter is now before the U.S. Supreme Court for a final decision.

Background: 

Congressman Pappas has loudly and strongly opposed President Trump’s sweeping tariffs on New Hampshire’s #1 trading partner, Canada, and other U.S. allies.

Pappas has signed two discharge petitions to force a vote on legislation to overturn the Administration’s harmful tariffs on Mexico and Canada, the U.S.’s two biggest trading partners, and introduced the Small Business Liberation Act and the CANADA Act in the House to exempt United States-owned small businesses from tariffs imposed by President Trump on his so-called ‘Liberation Day,’ and on trade with Canada respectively.

He is also a cosponsor of the Prevent Tariffs Abuse Act, which would amend IEEPA to explicitly state that the authority granted to the President under the Act does not include the authority to impose duties, tariffs, or quotas on imports to the US.