Attorney General Jennifer Davenport has joined a coalition of state attorneys general in filing a lawsuit against the Trump administration to prevent the implementation of new tariffs. The legal action seeks to block President Donald Trump’s recent decision to impose 15% tariffs on most products imported into the United States, citing Section 122 of the Trade Act of 1974.
Last year, President Trump argued that the International Emergency Economic Powers Act (IEEPA) allowed him broad authority to set tariffs. However, two weeks ago, the Supreme Court ruled that these IEEPA-based tariffs were unlawful. In response, President Trump invoked Section 122, which has not been used before for such widespread tariff measures.
Governor Mikie Sherrill commented on the situation: “Like the rest of our country, New Jersey is in the midst of an affordability crisis. Yet instead of finding ways to lower the costs of groceries or utilities, President Trump is back to levying unlawful tariffs – again,” said Governor Mikie Sherrill. “We cannot depend on the Trump Administration to fight for working families, but I will.”
Attorney General Davenport stated: “Tariffs raise prices for hard-working families and businesses across New Jersey,” said Attorney General Davenport. “I will keep fighting against the imposition of unnecessary and illegal costs on our consumers. We’re going to court to protect our state from these illogical and illegal tariffs.”
The complaint argues that Section 122 only authorizes tariffs under specific conditions such as large and serious balance-of-payments deficits, which are distinct from trade deficits. Therefore, according to the lawsuit, there is no statutory basis for imposing these new tariffs.
Research by economists at the Federal Reserve Bank of New York found that nearly 90% of tariff costs in 2025 were paid by American consumers and businesses. The lawsuit claims that additional tariffs would further increase prices for both consumers and state agencies in New Jersey—potentially raising costs by up to 45% for goods like trucks and uniforms.
The multistate complaint asserts that President Trump’s actions violate federal law, disrupt constitutional separation of powers, and breach requirements under the Administrative Procedure Act.
The case is titled State of Oregon, et al., v. Trump, et al., and was filed in U.S. Court of International Trade. Attorneys general from Oregon, Arizona, California, New York, Connecticut, Delaware, Illinois, Maryland, Michigan, Minnesota, Nevada, North Carolina, Rhode Island, Vermont, Virginia and Washington have joined Davenport in this legal challenge.
According to information from the official website, New Jersey’s Attorney General holds statewide authority over law enforcement matters including consumer protection initiatives and public safety regulation throughout all counties and municipalities in New Jersey.
