IEEPA Tariffs Ruled Unlawful in Case Supported by Ilya Somin
Charter Member Ilya Somin, writing at The Volokh Conspiracy, served as co-counsel alongside the Liberty Justice Center in successfully challenging the Trump Administration’s “Liberation Day” tariffs. In a unanimous decision, the U.S. Court of International Trade ruled in V.O.S. Selections Inc. v. Trump that these tariffs, imposed under the International Emergency Economic Powers Act (IEEPA), exceeded presidential authority and violated constitutional limits.
The Liberty Justice Center and Ilya Somin argued that the Administration’s justification—a trade deficit in goods—fell short of meeting the standard required under IEEPA, which limits emergency powers to situations involving “unusual and extraordinary” threats. They also noted that the tariffs were imposed even on countries with no trade deficit with the U.S., further weakening the Administration’s rationale.