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AG Nessel Seeks Court Order to Stop the Trump Administration’s Illegal Tariffs

LANSING – Michigan Attorney General Dana Nessel today joined a coalition of attorneys general in filing a motion (PDF) to block implementation of President Trump’s latest efforts to impose illegal tariffs on products purchased by American consumers and businesses. The motion asks for summary judgment or, in the alternative, a preliminary injunction.

“Every court that reviewed President Trump’s first wave of tariffs agreed that he overstepped his authority,” said Attorney General Nessel. “Now, he’s attempting to use a different law to impose another round of illegal tariffs despite losing in court, and the result will once again be higher costs for basic necessities. Michiganders cannot afford another round of unlawful tariffs, and my office will continue taking action against these policies to relieve some of the financial pressure on hardworking residents.”

For more than a year, President Trump has attempted to impose unlawful tariffs on essential goods purchased by American consumers and businesses. Initially, the President invoked the International Emergency Economic Powers Act—but the Supreme Court ruled those tariffs were unlawful. 

The President is now attempting to use a different law that has never been used to impose tariffs before—Section 122 of the Trade Act of 1974—and has imposed 10 percent tariffs on most products worldwide, allegedly in response to “trade deficits.” But those tariffs are illegal, too. Section 122 allows tariffs only when there are “large and serious balance-of-payments deficits.” But no such thing currently exists in the U.S.—and a trade deficit is not a balance-of-payments deficit.

Today’s motion asks the U.S. Court of International Trade to order federal agencies to stop collecting the latest round of illegal tariffs. Economic analysis submitted to the court shows that state governments in the 24 plaintiff states stand to pay at least $748 million per year in additional costs due to the tariffs. Additionally, a recent analysis by researchers at the Federal Reserve Bank of New York concluded that nearly 90 percent of the costs of tariffs last year were paid by American consumers and businesses.

The case is entitled State of Oregon, et al., v. Trump, et al. (Case No. 1:26-cv-01472-3JP) and is pending before a three-judge panel of the U.S. Court of International Trade. The Court has scheduled in-person oral argument on the states’ motion for 10:00 a.m. EDT on Friday, April 10, 2026, in its ceremonial courtroom in New York City.

Joining Attorney General Nessel in the lawsuit are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, Washington, Wisconsin, and the Governors of Kentucky and Pennsylvania.

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