PHOENIX – Attorney General Mayes today led a coalition of attorneys general in filing a motion for a preliminary injunction to halt implementation of President Trump’s illegal tariffs. The motion, part of the lawsuit filed by Attorney General Mayes late last month, seeks a court order pausing the tariffs imposed under four of President Trump’s executive orders without congressional action.
“The Court should step in and block the President’s reckless and unlawful tariff scheme before it does even more damage,” said Attorney General Mayes. “These tariffs weren’t approved by Congress, violate the Constitution, and are already driving up costs for Arizona families, small businesses, and local governments. The law is clear—only Congress can impose taxes like these, and the President’s attempt to sidestep that authority is both unconstitutional and economically disastrous.”
The motion asks the U.S. Court of International Trade to order federal agencies to stop collecting illegal tariffs President Trump imposed on most products worldwide. These tariffs impose a 145 percent tariff on most products from China, a 25 percent tariff on most products from Canada and Mexico, and 10 percent tariffs on most products from the rest of the world. It also asks the Court to put on hold President Trump’s plan to raise tariffs on imports from 56 other trading partners on July 9.
Economic analysis submitted to the court shows that state and local governments in the 12 states joining the motion stand to pay at least $3.4 billion per year in additional costs due to the tariffs. The states also submitted a Federal Reserve report noting that businesses “expected elevated input cost growth resulting from tariffs” and that “Most businesses expected to pass through additional costs to customers.”
Under Article I of the Constitution, only Congress has the “Power To lay and collect Taxes, Duties, Imposts and Excises.” The executive orders cite the powers granted by the International Emergency Economic Powers Act (IEEPA), but that law applies only when an emergency presents “unusual and extraordinary threat” from abroad and does not give the President the power to impose tariffs. Congress enacted IEEPA in 1977. No President had imposed tariffs based on IEEPA until President Trump did so this year.
The case is entitled State of Oregon, et al., v. Trump, et al. (Case No. 1:25-cv-00077-GSK-TMR-JAR) and is pending before a three-judge panel of the U.S. Court of International Trade.
The case is led by Arizona Attorney General Kris Mayes and Oregon Attorney General Dan Rayfield. Also joining the lawsuit are the attorneys general of Colorado, Connecticut, Delaware, Illinois, Maine, Minnesota, Nevada, New Mexico, New York and Vermont.
