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Free Trade

Our New Federal Circuit Amicus Brief in the Section 122 Tariff Case

The brief explains why the Section 122 tariffs are illegal and run afoul of the major questions and nondelegation doctrines.

Ilya Somin | 9.9.2026 3:45 PM

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Today, the Cato Institute and I filed our amicus brief in the US Court of Appeals for the Federal Circuit, supporting the Liberty Justice Center and Oregon (leading a coalition of 24 states) cases against Trump's harmful and illegal Section 122 tariffs. Here is the summary from the Cato website:

In February 2026, the Supreme Court invalidated the massive tariffs that President Trump attempted to impose under the International Emergency Economic Powers Act (IEEPA). But that decision did not end Trump's efforts to unilaterally impose onerous tariffs. Now the President has invoked Section 122 of the Trade Act of 1974 to purportedly impose 10 percent tariffs on imports from almost all US trading partners.

Soon after these new tariffs were announced, two small businesses and a coalition of 24 state governments filed lawsuits in the US Court of International Trade (CIT) challenging........

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