DOVER, Del. - Delaware Attorney General Kathy Jennings joined a coalition of attorneys general Monday in filing a lawsuit challenging the Trump administration's latest tariffs on more than 80 countries, arguing the administration acted outside its legal authority.
According to the Delaware Department of Justice, the lawsuit challenges the administration's decision to increase tariffs on more than 80 countries that together account for 99.4% of all U.S. imports. The complaint alleges the administration's actions exceed its legal authority and violate the Administrative Procedure Act.
The lawsuit was filed in the U.S. Court of International Trade and is titled State of Oregon, et al. v. Trump, et al.
The Delaware Department of Justice said the lawsuit follows two previous legal challenges to tariffs imposed by the Trump administration. The release states the Supreme Court rejected the administration's use of the International Emergency Economic Powers Act to impose tariffs in February. It also states the U.S. Court of International Trade ruled in May that tariffs imposed under Section 122 of the Trade Act of 1974 were unlawful.
According to the release, the latest tariffs were imposed after the United States Trade Representative investigated the European Union and 59 other countries under Section 301 of the Trade Act of 1974.
The Delaware Department of Justice cited an analysis by researchers at the Federal Reserve Bank of New York that concluded nearly 90% of the costs of tariffs in 2025 were paid by American consumers and businesses. The release states the latest tariffs will increase costs for states and consumers.
Joining Jennings in the lawsuit are the attorneys general of Oregon, Arizona, California, Colorado, Connecticut, Hawaii, Illinois, Massachusetts, Maryland, Maine, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Rhode Island, Virginia, Vermont, Washington and Wisconsin, as well as the governors of Kentucky and Pennsylvania.
