A federal court recently convened to hear the case of State of Oregon, et al., v. Trump, et al., where Oregon’s Attorney General Dan Rayfield expressed his expectation that the legal dispute over President Donald Trump’s tariffs may ultimately reach the U.S. Supreme Court. Rayfield attended a hearing in Washington, D.C., on Thursday before an 11-judge panel of the U.S. Court of Appeals for the Federal Circuit, focusing on whether Trump is improperly exercising his authority to impose tariffs.
Leading the lawsuit, which was filed in April, Rayfield and Arizona Attorney General Kris Mayes are joined by 10 other Democratic states. The defendants include Trump, the U.S. Department of Homeland Security and its leader Kristi Noem, along with U.S. Customs and Border Protection and its leader Peter Flores. The states contend that Trump is misusing emergency powers granted under the International Emergency Economic Powers Act to enact extensive tariffs. This law, established in 1977, allows the president to regulate various economic transactions during a declared national emergency.
For instance, Rayfield noted that Trump issued an executive order on Wednesday declaring a national emergency concerning Brazil and imposing a 50% tariff on the country. The order alleges that the Brazilian government is undermining U.S. businesses, violating free speech rights, and unjustly prosecuting former Brazilian President Jair Bolsonaro, who is facing trial for attempting to overturn the results of Brazil’s 2022 election. Furthermore, Trump is expected to announce increased reciprocal tariffs on goods from nearly 200 countries on Friday.
In a social media update post-hearing, Oregon Solicitor General Benjamin Gutman, who represented the states in court, remarked on the court’s engagement during the proceedings. Rayfield anticipates a decision on the tariff case from the court in the upcoming weeks or months. The lawsuit also includes participation from states such as Colorado, Connecticut, Delaware, Illinois, Maine, Minnesota, Nevada, New Mexico, New York, and Vermont.
Oregon is involved in 35 lawsuits against the Trump administration, a notable increase from the three or four cases during his first term, Rayfield reported. He emphasized, “The Trump administration is testing the limits of our Constitution and challenging longstanding federal laws, marking a significant shift in our country’s legal landscape.” Oregon has previously taken legal action against the administration’s efforts to restrict federal funding for Planned Parenthood, to share Medicaid records of Oregon residents with federal immigration authorities, and to demand personal information from states regarding food assistance recipients.
