Attorney General Kathy Jennings today joined a coalition of attorneys general in filing a third lawsuit against the Trump Administration’s efforts to impose illegal tariffs on American consumers and businesses. The case challenges the Administration’s recent decision to increase tariffs on more than 80 countries that together account for 99.4% of all U.S. imports—costs that will be passed along to Americans already struggling to pay the price of essential consumer goods.
“Trump has made it clear that he will stop at nothing to impose his agenda with these illegal tariffs, no matter how flimsy the legislative packaging or how many American families are crushed under their collective weight,” said Attorney General Kathy Jennings. “Americans have already borne 90% of the cost of tariffs in 2025 and can stand no more. This is bad policy, bad economics, and an insult to the hardworking people of this country who still struggle to buy basic necessities. The Trump Administration continues to try to force these tariffs on us any way they wish; we will fight them at every turn.”
For more than a year, President Trump has inflicted chaos on the American economy by imposing tariffs without the legal authority to do so. Initially, the President 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. In February, the Supreme Court rejected that claim, agreeing with AG Jennings and 15 other state attorneys general that the IEEPA tariffs were unlawful. President Trump then turned to a separate law that had never been used before—Section 122 of the Trade Act of 1974—and announced 10 percent tariffs on most products worldwide. But state attorneys general challenged those tariffs, too, and in May the U.S. Court of International Trade ruled that the President acted unlawfully.
Rather than accepting those losses, President Trump turned to yet another law—Section 301 of the Trade Act of 1974—and directed the United States Trade Representative (USTR) to investigate the European Union and 59 other countries, to determine whether those countries are doing enough to combat forced labor in global trade. Late last month, the USTR did what Trump wanted all along, imposing 10% and 12.5% tariff rates on nearly every economy that trades with the U.S. In other words, instead of taking actions that would combat forced labor, the USTR reached a foregone conclusion and imposed across-the-board tariffs similar to those that courts have struck down twice before.
Today’s lawsuit challenges this latest round of tariffs. The complaint contends that these actions exceed the administration’s legal authority and violate the Administrative Procedure Act. The case was filed in the U.S. Court of International Trade and is entitled State of Oregon, et al., v. Trump, et al.
A recent analysis by researchers at the Federal Reserve Bank of New York concluded that nearly 90 percent 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, the Trump Administration is tripling down on failed economic policies. These illegal tariffs will increase costs for the state and for average Delawareans at a time when they are already under immense financial strain.
Joining AG Jennings in the lawsuit are the attorneys general for Oregon, Arizona, California, Colorado, Connecticut, Hawaii, Illinois, Massachusetts, Maryland, Maine, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Rhode Island, Virginia, Vermont, Washington, and Wisconsin, as well as the governors of Kentucky and Pennsylvania.