Delaware remains party to federal challenge over Trump administration tariff authority
Delaware joined a multistate lawsuit on March 5 challenging the Trump administration’s latest tariff program, putting the state in a continuing federal dispute over the limits of presidential authority over international trade.
The Delaware Department of Justice said Attorney General Kathy Jennings joined the case on behalf of the state. The complaint challenges a 10% tariff imposed on most products worldwide under Section 122 and argues that the administration exceeded its statutory authority.
Delaware’s filing also alleges violations of constitutional separation-of-powers principles and the Administrative Procedure Act. Those are allegations in the state’s complaint, not findings by a court.
A challenge over tariff power
The March action concerns more than the level of a particular duty. It challenges who has the authority to impose the tariff program and whether the executive branch acted within the authority provided by federal law.
Delaware is one of the state plaintiffs in the multistate case. The principal parties described in the state’s announcement are Delaware, represented by Jennings, and the Trump administration. The Court of International Trade is also identified in the approved source packet as part of the dispute’s federal legal setting.
The state’s position is that the tariff actions went beyond the administration’s lawful authority and disrupted the constitutional allocation of powers. The administration’s legal position on the March complaint is not included in the approved source materials.
That distinction matters because the litigation has not been presented in the available materials as a final Delaware court victory or loss. The packet does not provide a current docket entry or a Delaware-specific ruling in the March case. As a result, the available record supports reporting the filing and the allegations, but not a conclusion about the case’s present procedural outcome.
Earlier Supreme Court response
The March lawsuit followed an earlier phase of Delaware’s involvement in the national tariff fight. On Feb. 20, Delaware officials, including Jennings and Gov. Meyer, issued a statement responding to a Supreme Court decision involving tariffs imposed under the International Emergency Economic Powers Act, or IEEPA.
Delaware officials characterized that decision as a victory over the administration’s IEEPA tariffs. The approved packet describes the Supreme Court decision as invalidating those IEEPA tariffs.
The March challenge should not be treated as identical to that earlier IEEPA dispute. The March complaint specifically targeted the later 10% tariff imposed under Section 122, according to the approved materials. The separate legal authorities are central to the state’s contention that the newer program also exceeded statutory limits.
Canadian duties scheduled for Aug. 19
The trade conflict has continued through subsequent administration action. In a July proclamation, the White House announced additional 50% duties on specified Canadian products, with an effective date of Aug. 19, 2026.
The proclamation is a separate action from Delaware’s March lawsuit. It does, however, show that tariff policy remains active after the state filed its challenge and after Delaware officials responded to the Supreme Court’s IEEPA decision.
The White House proclamation does not impose the additional duty on all Canadian goods. The approved source materials describe the action as applying to specified Canadian products, and the source packet does not establish whether or how the duties will affect particular Delaware importers, exporters or consumers.
For Delaware, the immediate consequence is continued participation in a federal challenge over the administration’s tariff authority while trade measures involving Canada move toward their stated effective date. The next confirmed policy deadline in the available materials is Aug. 19, when the additional Canadian duties are scheduled to take effect.
Delaware also operates a state export-promotion program for small businesses seeking international markets. The approved materials do not establish a specific connection between that program and the challenged tariffs or the scheduled Canadian duties.
Sources
- AG Jennings sues Trump Administration to stop latest round of illegal tariffs, State of Delaware Department of Justice
- Statement from AG Jennings and Gov. Meyer on victory over Trump tariffs at SCOTUS, State of Delaware
- Imposing Additional Duties to Offset Canadian Discrimination Against U.S. Dairy Commerce, The White House