11/05/2025 | Press release | Distributed by Public on 11/05/2025 11:40
WASHINGTON, D.C. - Today, the U.S. Supreme Court will hear oral arguments in two cases challenging whether President Donald Trump's sweeping April 2nd 'Liberation Day' tariffs are constitutional. However, farmers, small businesses owners, and American consumers who are feeling the pain of Trump's unconstitutional tariffs now shouldn't have to wait weeks or months for SCOTUS to announce a decision. Congress could take back the reigns and pass Sen. Maria Cantwell's bipartisan Trade Review Act to reassert Congress' Constitutional authority and responsibility to set and approve U.S. trade policy.
"Article One of the Constitution is a directive, not a suggestion. The power to impose and collect taxes and duties rests solely with the Congress and is a core component of our democracy's balance of powers," Sen. Cantwell said.
"I commend the small businesses that had the courage to challenge President Trump's unlawful abuse of the International Emergency Economic Powers Act (IEEPA). Their livelihoods depend on the Supreme Court getting this right, so I hope the justices rule quickly and reaffirm Congress' constitutional prerogative over the imposition of tariffs, as all the lower courts have held. But our constituents shouldn't have to absorb the economic chaos of Trump's trade wars while we wait for the Court. Congress can and should act now by passing the bipartisan, bicameral Trade Review Act with a veto-proof majority vote."
Earlier this year, the Federal Circuit Court of Appeals struck down many of Trump's tariffs, agreeing with other lower federal courts that ruled Trump exceeded his authority in imposing the tariffs. However, the Trump administration appealed to the Supreme Court, asking the Court to overturn the rulings in two cases, Learning Resources v. Trump and Trump v. V.O.S. Selections.
Immediately following President Trump's April 2nd 'Liberation Day' tariffs, Senators Maria Cantwell (D-WA) and Chuck Grassley (R-IA) introduced the bipartisan Trade Review Act to reaffirm Congress' key role in setting and approving U.S. trade policy. The Trade Review Act of 2025, modeled after the War Powers Resolution of 1973, would reestablish limits on the president's ability to impose unilateral tariffs without the approval of Congress.
The Trade Review Act of 2025 has considerable bipartisan support, including; Sens Jerry Moran (R-KS), Amy Klobuchar (D-MN), Lisa Murkowski (R-AK), Mark Warner (D-VA), Mitch McConnell (R-KY), Michael Bennet (D-CO), Thom Tillis (R-NC), Peter Welch (D-VT), Todd Young (R-IN), Chris Coons (D-DE), Susan Collins (R-ME), and Richard Blumenthal (D-CT). A bipartisan companion bill to Cantwell's legislation has also been introduced in the House of Representatives.
Just last week, the U.S. Chamber of Commerce, the world's largest business organization, endorsed Sen. Cantwell's legislation and the National Taxpayers Union included the Trade Review Act in their Top 10 Bipartisan Bills for Taxpayers "No Brainer" list.
Nine other major organizationsrepresenting millions of small, medium, and large businesses have come out in support of Sen. Cantwell's bill. View all statements of support HERE.
Here's what others are saying:
Despite Trump's campaign promises, prices have only gone up under his watch. In September, Sen. Cantwell joined nearly 50 small business owners on the steps of the Supreme Court to push back against Trump's reckless tariff policies. In April, Sen. Cantwell joined small business owners at the Port of Seattle to sound the alarm on how disastrous these policies are for Washington state businesses and consumers. According to economists at the Federal Reserve Bank of St. Louis, tariffs are already causing significant price hikes in durable goods like vehicles, electronics, and furniture.
In Washington state, two out of every five jobs are tied to trade and trade-related industries. Moreover, according to the U.S. Trade Representative, nationally, jobs supported by the export of goods pay up to an estimated 18 percent above the national average. More information about how those tariffs will affect consumers and businesses in the State of Washington can be found HERE.
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