June 10, 2025

Wyden, Merkley, Shaheen, Schumer Lead Amicus Brief Supporting Oregon Attorney General Rayfield Challenging Trump Administration Abuse of Emergency Powers to Impose Tariffs

Washington, D.C. – U.S. Senators Ron Wyden (D-OR) and Jeff Merkley (D-OR) today led their colleagues in filing an amicus brief in Oregon v. Department of Homeland Security, a key case led by Oregon Attorney General Dan Rayfield challenging the Trump Administration’s abuse of emergency powers to impose tariffs.

The brief—which Wyden spearheaded with Senator Jeanne Shaheen (D-NH) and Senate Democratic Leader Chuck Schumer (D-NY)—opposes the Administration’s request for a stay of a recent court decision that struck down these tariffs.  

“Donald Trump has been abusing the law on trade since Day One, and the result has been trade chaos that is raising prices and costing American jobs,” said Wyden, Ranking Member of the Senate Finance Committee. “I stand with AG Rayfield and Oregonians to tell the court that Congress never intended the International Emergency Economic Powers Act to be a blank check to tax everything Americans buy. The faster these tariffs are struck down and Congress restores its authority over trade and tariffs, the better it will be for American families.”

“Trump’s illegal and chaotic tariffs are harming American consumers and businesses, leaving them to foot the bill for Trumpflation’s rising prices,” Merkley said. “While Trump is doing all he can to make life more expensive for families across the country, we’re fighting back against the Trump tariff wrecking ball with every tool at our disposal.”

“Trump’s tariffs make everything more expensive for all of us – from the food you buy at the grocery store to your monthly utility bill, most Oregonians cannot afford $3800 a year for these tariffs,” Rayfield said. “Senator Wyden and Senator Merkley’s support in this case further illustrates how the president is misusing his emergency powers.”

 In May, the U.S. Court of International Trade held that the Trump Administration lacked authority to issue the challenged tariffs under the International Emergency Economic Powers Act (IEEPA)—a statute that no president prior to President Trump has ever tried to use to impose tariffs. The Senators’ amicus brief argues a stay should be rejected.  

“Granting a stay will cause irreparable harm to constituents of?Amici,?particularly thousands of small and medium-sized businesses that will continue to be harmed if the President persists in collecting the unlawful IEEPA tariffs,” the senators wrote. “Small businesses do not have cash-on-hand or capital reserves to pay the increased tariffs, nor can they quickly?adapt to them by modifying supply chains.??If they cannot pass on the tariff costs to consumers—which would create additional harms for?Amici’s constituents—many face letting employees go or filing for bankruptcy. ?Even a few weeks of additional tariffs means small businesses will suffer irreparable harm.” 

“The powers to impose tariffs and regulate international trade were given to Congress for a reason,” the senators continued. “Absent authorization from Congress to impose tariffs and approval to enter binding, durable trade agreements, it is contrary to the public interest for the President to arrogate Congress’s power to himself.” 

“Further, the broad-based tariffs, which include extensive levies on treaty allies Japan, Canada, and members of the NATO alliance, undermine U.S. national security by weakening U.S. alliances,” the senators concluded. “Amici? regularly?interact?with U.S.-allied leaders who want to work with the U.S. on security and economic matters; IEEPA tariffs have been raised as one of the foremost irritants and obstacles to maintaining strong partnerships with the U.S. ?Multiple allied governments, including Canada, Mexico, and the European Union, have threatened retaliation targeting American exports and American companies—further compounding the economic harm to?Amici’s?constituents. ?Denying a?stay will?ensure the Administration cannot continue to usurp powers granted to Congress, and it will promote?U.S. national security and economic interests.” 

The full amicus brief is here.

The amicus brief was signed by Senators Tim Kaine (D-VA), Peter Welch (D-VT), Michael Bennet (D-CO), Jacky Rosen (D-NV), Ben Ray Luján (D-NM), Maria Cantwell (D-WA), Andy Kim (D-NJ), Catherine Cortez Masto (D-NV), Chris Van Hollen (D-MD), Adam Schiff (D-CA), Maggie Hassan (D-NH), Tammy Duckworth (D-IL), Angus King (I-ME), Richard Blumenthal (D-CT), John Hickenlooper (D-CO), Alex Padilla (D-CA), Chris Coons (D-DE), Dick Durbin (D-IL), Mark Warner (D-VA), Martin Heinrich (D-NM), Bernie Sanders (I-VT), Amy Klobuchar (D-MN), Raphael Warnock (D-GA), Lisa Blunt Rochester (D-DE), Mazie Hirono (D-HI), Brian Schatz (D-HI) and Edward Markey (D-MA).