Statement on Burlap and Barrel v. Trump

May 8, 2026

Court of International Trade Rules for American Businesses and the Constitution

AAF applauds the decision of the United States Court of International Trade’s decision striking down the President’s Section 122 tariffs in Burlap and Barrel v. Trump. Immediately after the Supreme Court struck down the President’s tariffs under the International Emergency Economic Powers Act, he imposed tariffs under Section 122 of the Trade Act of 1974 which allows the President to impose tariffs to address “large and serious United States balance-of-payments deficits.” However, as we argued in our amicus brief, thanks to changes in the international monetary system, no such balance-of-payments problems are possible today. The Court’s decision protects the plaintiffs from the harms of the President’s illegal tariffs but millions of Americans are still paying higher prices because of them.

“As the Court of International Trade correctly explained, if it had upheld the President’s reading of Section 122, the President would have plenary authority to impose tariffs whenever he unilaterally determined there was a large balance-of-payments deficit, meaning the President would have unchecked taxing authority — in direct contravention of the Constitution. We are proud to have submitted an amicus brief defending the Constitution and the economic freedom of the American people in this case and many others like it.”

— Timothy Harper, Director of Constitutional Studies, Advancing American Freedom