ABC News 05.13.2025

ABC News: Lawyer calls Trump tariffs ‘unlawful’ as they face 1st test against small businesses

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“The hearing at the Court of International Trade in Manhattan marks the first time a federal court has taken up the question of whether Trump’s “Liberation Day” tariffs are legal.

According to Jeffrey Schwab – a lawyer from the conservative Liberty Justice Center representing the plaintiffs – the question isn’t even close. Schwab argued that the International Emergency Economic Powers Act – a 1977 law that gives the president the right to regulate commerce during national emergencies – does not give Trump the right to unilaterally to impose tariffs.

He added that Trump’s purported emergency of trade deficits has been a problem for years and fail to meet the legal standard for an emergency of being brief, rare and not ongoing.

“This case is so far outside of what an emergency is and what an unusual and extraordinary threat is that this Court could easily say that it is not an emergency,” Schwab argued.” – Peter Charalambous