State AGs Sue Trump Administration Over Tariffs

CO Attorney General Press Releases

Filed March 5th, 2026

Detected March 7th, 2026

Summary

A coalition of State Attorneys General, led by Colorado AG Phil Weiser, has filed a lawsuit challenging new tariffs imposed by the Trump administration. The suit argues these tariffs, enacted under Section 122 of the Trade Act of 1974, are illegal and will harm American consumers and businesses.

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What changed

The lawsuit, filed by State Attorneys General in the U.S. Court of International Trade, challenges the Trump administration's imposition of 15 percent tariffs on most products worldwide. The AGs contend that these tariffs are illegal because they were enacted without congressional approval and do not meet the conditions specified in Section 122 of the Trade Act of 1974, which requires "large and serious balance-of-payments deficits," a condition they argue is not met by trade deficits. This action follows a Supreme Court ruling that rejected the administration's prior use of the International Emergency Economic Powers Act for imposing tariffs.

This enforcement action seeks to block the tariffs, which are estimated to have cost American consumers and businesses nearly 90 percent of their burden in 2025, with Colorado alone facing an estimated $600 million in increased costs. Companies involved in importing or exporting, as well as domestic manufacturers and retailers, may be directly impacted by these tariffs. The lawsuit also asserts violations of the constitutional separation of powers and the Administrative Procedure Act. Regulated entities should monitor the proceedings in the U.S. Court of International Trade.

What to do next

Monitor legal proceedings in State of Oregon, et al. v. Trump, et al. at the U.S. Court of International Trade.
Assess potential impact of challenged tariffs on import/export costs and supply chains.
Review internal pricing and cost structures for potential tariff-related increases.

Source document (simplified)

Attorney General Phil Weiser sues Trump administration to stop latest round of illegal tariffs and price increases

March 5, 2026 (DENVER) – Attorney General Phil Weiser 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.

“The Trump administration continues to disregard guardrails and legal requirements designed to protect consumers and businesses from price increases on everyday needs. These tariffs are illegal and inappropriate and will harm Coloradans unless stopped by the courts. That is why we are once again taking action to stop the president from imposing illegal tariff taxes on Coloradans,” Attorney General Weiser said.

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, or 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 in court, President Trump immediately turned to a separate law that has never been used before—Section 122 of the Trade Act of 1974—and announced 15 percent tariffs on most products worldwide, seemingly to address trade deficits. But Section 122 does not apply. That law authorizes tariffs in limited circumstances, including when there are “large and serious balance-of-payments deficits.” Notably, a trade deficit is not a balance-of-payment deficit, meaning that once again the president is acting unlawfully.

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, President Trump is doubling down on failed economic policies.

According to a 2025 state report, tariffs increased costs across nearly all economic sectors with an estimated $600 million in costs passed onto Coloradans.

Today’s lawsuit challenges this latest round of tariffs. The complaint claims that these actions by President Trump and his administration violate the law, upend constitutional separation of powers, and violate the Administrative Procedure Act.

The case is State of Oregon, et al., v. Trump, et al. and was filed in the U.S. Court of International Trade.

The case is led by Oregon Attorney General Dan Rayfield, Arizona Attorney General Kris Mayes, California Attorney General Rob Bonta, and New York Attorney General Letitia James. Also joining the lawsuit are the attorneys general of Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Rhode Island, Vermont, Virginia, Washington, Wisconsin, and the governors of Kentucky and Pennsylvania.

Read the filed lawsuit State of Oregon, et al. v. Trump.

Media Contact:
Lawrence Pacheco
Chief Communications Officer
(720) 508-6553 office
lawrence.pacheco@coag.gov

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