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The right is cooking up a surprising legal fight against Trump’s tariffs

2 0
04.04.2025
President Donald Trump speaks to reporters and signs an executive order about enforcement in the concert and entertainment industry on March 31, 2025. | Jabin Botsford/The Washington Post via Getty Images

On Thursday, one day after President Donald Trump announced sweeping new tariffs, what appears to be the first lawsuit challenging those tariffs was filed in a federal court in Florida. That alone isn’t particularly surprising. The tariffs are expected to drive up the costs of goods in the United States, and have already sent the stock market into a nose dive. That means that a lot of aggrieved potential plaintiffs have standing to challenge the tariffs in court.

What is surprising is that the plaintiff in this particular case, known as Emily Ley Paper v. Trump, is represented by the New Civil Liberties Alliance (NCLA), a right-wing legal shop that previously backed Trump’s efforts to expand executive power.

NCLA is part of what appears to be a growing effort among prominent right-leaning intellectuals and commentators to challenge Trump’s tariffs.

At the Volokh Conspiracy, an influential right-libertarian legal blog, George Mason law professor Ilya Somin is actively recruiting plaintiffs to file a similar lawsuit challenging the tariffs (Somin has long been a principled libertarian critic of Trump). Ben Shapiro, the one-time Breitbart writer who is also a lawyer, criticized Trump’s tariffs as a “massive tax increase on American consumers,” and has gently advocated for Trump to change course. Richard Hanania, a writer best known for his

© Vox