Oregon v. Trump

Case Overview

A challenge by roughly two dozen states, led by Oregon, to the administration's Section 122 tariffs. After the Supreme Court held in February 2026 that IEEPA does not authorize tariffs, the President turned to Section 122 of the Trade Act of 1974 (19 U.S.C. § 2132) and, by Proclamation No. 11012, imposed a 10 percent tariff on most imported goods worldwide. The plaintiff states sued in the Court of International Trade on March 5, 2026, arguing that Section 122, which by its terms allows a temporary surcharge of up to 15 percent for no more than 150 days to address balance-of-payments problems, does not authorize an open-ended worldwide tariff, and that the tariff power belongs to Congress under Article I. A three-judge panel (Judges Mark A. Barnett, Claire R. Kelly, and Timothy C. Stanceu) heard the case. In Slip Opinion 26-47, entered May 7, 2026, the court granted summary judgment for the plaintiffs and entered a permanent injunction, with Judge Stanceu dissenting. The government appealed to the U.S. Court of Appeals for the Federal Circuit (No. 2026-1804), the plaintiffs cross-appealed (No. 2026-1928), the two appeals were consolidated, and on June 11, 2026 the Federal Circuit granted a stay of the judgment pending appeal. The appeal is the live track.