New York’s Attorney General Led Fight Against President’s Illegal Tariffs: SCOTUS Declares They’re Illegal, Must Refund

Below, find statements from Attorney General Letitia James, Senator Gillibrand, and Senator Rand Paul, all long-time champions of individual rights and limited taxes and spending.  Basically, the opinion arrived at by the justices argues that tariffs of any kind are actually a tax, and, as such, can only be imposed by Congress.  Below, you can view Senator Gillibrand’s virtual press conference about the imposition of brand new tariffs on imports of Canadian goods which, if implemented, would have continued devastating consequences on the economies in Upstate New York which rely on Canadian goods to operate their businesses:

SCOTUSblog.com said the following:“In a major ruling on presidential power, the Supreme Court on Friday struck down the sweeping tariffs that President Donald Trump imposed in a series of executive orders. By a vote of 6-3, the justices ruled that the tariffs exceed the powers given to the president by Congress under a 1977 law providing him the authority to regulate commerce during national emergencies created by foreign threats.

“The court did not weigh in, however, on whether or how the federal government should provide refunds to the importers who have paid the tariffs, estimated in 2025 at more than $200 billion. In his dissenting opinion, Justice Brett Kavanaugh suggested that the federal government ‘may be required to refund billions of dollars to importers who paid the IEEPA tariffs, even though some importers may have already passed on costs to consumers or others.'”

Watch oral arguments on C-SPAN here (from November) to help understand the reasoning for this decision: 

Attorney General James, who helped lead the fight against the tariffs, said:

Attorney General James Wins Challenge to Trump Administration’s Tariffs

Supreme Court Rules in Favor of AG James and 11 Other States Declaring “Emergency” Tariffs Illegal

NEW YORK – New York Attorney General Letitia James today won a major victory after the United States Supreme Court ruled that sweeping tariffs imposed by the Trump administration under the International Emergency Economic Powers Act (IEEPA) violate the law. The court ruled in favor of Attorney General James and a coalition of 11 other attorneys general who sued the Trump administration in April 2025 for violating the law by imposing massive new tariffs that severely disrupted the economy for workers and businesses.

“These illegal tariffs caused immense economic chaos, raising costs for families and businesses throughout our country,” said Attorney General James. “The Supreme Court has agreed that this administration has no authority to impose massive new taxes on a whim. This is a critical victory for the rule of law and our economy, and I will keep fighting to protect New Yorkers from destructive policies that make life less affordable.”

In April 2025, Attorney General James and the coalition sued the Trump administration for unlawfully imposing tariffs under IEEPA. In May, the United States Court of International Trade ruled in favor of Attorney General James and the coalition, deciding that the Trump administration’s tariffs issued under IEEPA are invalid. In August, the U.S. Court of Appeals affirmed that the Trump administration does not have the authority to impose these tariffs by executive order under IEEPA.

The Supreme Court today ruled that the president does not have the authority to use IEEPA to impose sweeping tariffs.

Joining Attorney General James in this challenge to the administration’s tariffs are the attorneys general of Arizona, Colorado, Connecticut, Delaware, Illinois, Maine, Minnesota, Nevada, New Mexico, Oregon, and Vermont.

GILLIBRAND STATEMENT ON SUPREME COURT STRIKING DOWN PRESIDENT TRUMP’S TARIFFS

Washington, D.C. – Today, in response to the Supreme Court’s decision striking down President Trump’s tariffs, U.S. Senator Kirsten Gillibrand released the following statement:

 “The Supreme Court confirmed today that beyond just being reckless and vindictive, President Trump’s tariff scheme was also unconstitutional. The president bypassed Congress, hiking prices on everyday goods and crushing family budgets and local businesses across America. These tariffs are a hidden tax on you, paid by hardworking Americans, not foreign countries. Families in New York have already seen their costs go up by $4,200 because of the Trump Tariff Tax and can’t afford any more financial strain. I urge President Trump to respect this ruling, reimburse our small businesses for these illegal taxes, end these harmful tariffs immediately, and focus on lowering the cost of living for American families.“

Senator Rand Paul’s Statement on SCOTUS Tariff Ruling

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Washington, D.C. – Dr. Rand Paul (R-KY) released the following statement in response to the Supreme Court’s decision holding that the International Emergency Economic Powers Act (IEEPA) does not authorize the President to impose tariffs:

“The Supreme Court defended the Constitution by rejecting the use of ‘emergency’ powers to impose taxes. Tariffs are taxes, and the power to declare them belongs to Congress. That truth goes beyond this case. No future administration, including a socialist one, can use “emergency” powers to get around Congress and tax by decree.”

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