How do the states argue the tariffs are unlawful?

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States Argue Tariffs Are Unlawful Due to Exceeded Authority and Pretextual Investigations

Twenty-five US states have filed a lawsuit challenging the Trump administration's tariffs, asserting that the president overstepped his executive authority. The states contend that the investigations preceding the tariffs were rushed and prejudged, serving as a pretext for an unlawful expansion of tariff powers. They seek to halt the tariffs' implementation, have them declared illegal, and secure refunds for any duties collected.
Tariffs Imposed Beyond Presidential Authority

The coalition of states argues that the tariffs imposed on approximately 60 trading partners exceed the president's legal mandate. These levies, ranging from 10 to 12.5 percent, were enacted under Section 301 of the Trade Act of 1974 following USTR investigations into allegations of forced labor. The states maintain that there is no justifiable connection between the stated problem of forced labor in international supply chains and the broad, global tariffs implemented by the USTR.
Investigations Alleged to Be Pretextual and Rushed

In their court filing at the US Court of International Trade in New York, the states asserted that the Section 301 probes were a "pretextual and unlawful effort to exert unfettered tariff power." The complaint outlines a timeline of administration officials' statements, suggesting that the investigations were hastily conducted and predetermined from their inception. This alleged lack of a rational basis and prejudgment form a core part of the states' argument that the tariff actions are "arbitrary, capricious, and contrary to law."
Opposition to Forced Labor Does Not Justify Tariffs

While explicitly stating their opposition to forced labor in all its forms and support for global worker protections, the plaintiff states argue that the administration cannot use this issue as a justification for an "illegal tariff scheme." This indicates a distinction between the states' policy stance on forced labor and their legal challenge to the specific trade measures implemented by the executive branch. The lawsuit aims to prevent the administration from leveraging the issue of forced labor to maintain what the states deem an unlawful tariff policy.

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How do the states argue the tariffs are unlawful?

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