Attorney General Jennifer Davenport has joined a coalition of attorneys general in filing a lawsuit against the Trump administration, aiming to stop the implementation of new tariffs that they argue are unlawful and would increase costs for American consumers and businesses. The legal action challenges President Trump’s recent decision to impose 15% tariffs on most products worldwide using Section 122 of the Trade Act of 1974.
Last year, President Trump argued that the International Emergency Economic Powers Act (IEEPA) allowed him to set tariffs at any level on any product from any country. However, two weeks ago, the Supreme Court ruled that such use of IEEPA was not lawful.
Following this decision, President Trump turned to Section 122 of the Trade Act of 1974—a law not previously used for such broad tariff measures—to justify new tariffs aimed at addressing trade deficits. The complaint filed by Davenport and other attorneys general contends that Section 122 only allows tariffs in limited circumstances, specifically when there are “large and serious balance-of-payments deficits.” The complaint argues that a trade deficit is not equivalent to a balance-of-payments deficit, providing no statutory basis for these tariffs.
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. 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.”
Research from 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 these new tariffs will further increase prices for both individuals and state agencies in New Jersey, with potential cost increases up to 45% for goods such as trucks and uniforms.
The complaint alleges that President Trump’s actions violate federal law, disrupt constitutional separation of powers, and breach the Administrative Procedure Act. The case—State of Oregon, et al., v. Trump, et al.—was filed in the U.S. Court of International Trade.
Davenport is joined by attorneys general from Oregon, Arizona, California, New York, Connecticut, Delaware, Illinois, Maryland, Michigan, Minnesota, Nevada, North Carolina, Rhode Island, Vermont, Virginia, and Washington.
The New Jersey Attorney General’s office operates statewide with authority over legal enforcement matters including consumer protection initiatives and public safety oversight throughout all counties and municipalities in New Jersey. It provides services such as legal representation for state agencies and supports crime labs and victim advocacy programs while upholding justice under its statutory mandate.
