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Attorney General Davenport Sues Trump Administration To Stop Raising Prices with Illegal Tariffs

March 09, 2026 - TRENTON – Attorney General Jennifer Davenport today joined a coalition of attorneys general in filing a lawsuit to block President Trump’s latest efforts to impose illegal tariffs on American consumers and businesses. The case challenges President Trump’s most recent efforts to increase tariffs worldwide without congressional approval. Last year, President Trump claimed that the International Emergency Economic Powers Act (IEEPA) allowed him to impose tariffs of any amount, on any product, from any country, for any length of time. Two weeks ago, the Supreme Court rejected that argument, concluding that the IEEPA tariffs were unlawful. Rather than accepting that loss, President Trump immediately turned to a separate law that has never been used before—Section 122 of the Trade Act of 1974—and imposed 15% tariffs on most products worldwide, seemingly to address trade deficits. “Like the rest of our country, New Jersey is in the midst of an affordability crisis. Yet instead of finding ways to lower the costs of groceries or utilities, President Trump is back to levying unlawful tariffs – again,� said Governor Mikie Sherrill. “We cannot depend on the Trump Administration to fight for working families, but I will.� “Tariffs raise prices for hard-working families and businesses across New Jersey,� said Attorney General Davenport. “I will keep fighting against the imposition of unnecessary and illegal costs on our consumers. We’re going to court to protect our state from these illogical and illegal tariffs.� Section 122 does not apply and does not mean what the Administration thinks it means, as the complaint explains. That law authorizes tariffs in limited circumstances, including when there are “large and serious balance-of-payments deficits.� But a trade deficit is not a balance-of-payment deficit, so there is no basis in the statute for imposing these tariffs. A recent analysis by researchers at the Federal Reserve Bank of New York concluded that nearly 90% of the costs of tariffs in 2025 were paid by American consumers and businesses. By imposing another round of price increases on American consumers and businesses, President Trump is doubling down on his failed economic policies. These tariffs raise prices on New Jersey consumers and on the State directly. New Jersey will have to pay more—up to 45% more—for goods ranging from trucks to uniforms. Today’s lawsuit challenges this latest round of tariffs. The complaint contends that these actions by President Trump and his administration violate the law, upend constitutional separation of powers, and violate the Administrative Procedure Act. The multistate complaint is entitled State of Oregon, et al., v. Trump, et al. and was filed in the U.S. Court of International Trade. Attorney General Davenport is joined in this complaint by the attorneys general of Oregon, Arizona, California, New York, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, North Carolina, Rhode Island, Vermont, Virginia, Washington, Wisconsin, and the Governors of Kentucky and Pennsylvania.

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