Colorado Helps Lead Lawsuit to Stop Trump Administration’s Illegal Tariffs that Are Raising Prices, Causing Economic Uncertainty

Wednesday, April 23, 2025

President Trump’s tariff tax disaster is creating uncertainty in the economy, and drying up investment by plunging markets into chaos

COLORADO - Today, Governor Polis and Attorney General Phil Weiser announced that the state will take legal action against the Trump administration over its failed tariff taxes that are destroying our economy, increasing costs on Americans, plunging markets, and putting America on the track to a recession. Colorado joins Oregon, Arizona, Connecticut, Delaware, Illinois, Maine, Minnesota, Nevada, New Mexico, New York, and Vermont.

“Tariffs are awful for Americans and our economy, and it’s important to use every legal tool possible to reduce trade barriers and increase prosperity. Today, Colorado is standing up against President Trump’s recessionary tariff tax increase, which has been disastrous and is jeopardizing both U.S. leadership and the world economy. Here in Colorado, tariffs are already hurting Colorado agriculture and small businesses. We will do everything we can legally to prevent tariffs that are bad for businesses and all Americans,” said Colorado Governor Jared Polis.

Today, Governor Polis hosted Colorado-Mexico Friendship Day and has met with businesses across the state about the negative impacts of Trump’s tariffs on Colorado jobs and the economy.

“Coloradans are already starting to feel the effects of the Trump tariffs, with rising prices to consumers and the State of Colorado resulting from them,” Weiser said. “Under the Constitution, only Congress has the power to tax and impose tariffs and there is no ‘emergency’ that justifies the Trump tariffs. We are challenging these tariffs in court because they are illegal and, as one study concluded, they will ‘increase inflation, result in nearly 800,000 lost jobs, and shrink the American economy by $180 billion a year’.”

The lawsuit challenges President Trump’s executive orders calling for higher tariffs on most products worldwide. These tariffs impose a 25 percent tariff on most products from Canada and Mexico, and a 10 percent tariff on most products from the rest of the world. It also challenges President Trump’s plan to raise tariffs on imports from 46 other trading partners on July 9.

Studies of the tariffs President Trump issued in his first term show that 95 percent of the cost of tariffs are paid by Americans. The Federal Reserve and the International Monetary Fund project that this round of tariffs will cause inflation.

The lawsuit explains that under Article I of the Constitution, only Congress has the “Power To lay and collect Taxes, Duties, Imposts and Excises.” The executive orders cite the powers granted by the International Emergency Economic Powers Act (IEEPA), but that law applies only when an emergency presents “unusual and extraordinary threat” from abroad and does not give the President the power to impose tariffs. Congress enacted IEEPA in 1977. No President had imposed tariffs based on IEEPA until President Trump did so this year.

The case is State of Oregon, et al., v. Trump, et al. and was filed in the U.S. Court of International Trade.

The case is led by Oregon Attorney General Dan Rayfield and Arizona Attorney General Kris Mayes. Also joining the lawsuit are the attorneys general of Colorado, Connecticut, Delaware, Illinois, Maine, Minnesota, Nevada, New Mexico, New York, and Vermont.

In 2024, Colorado exported a record $10.5 billion of goods to the world and imported $16.8 B in goods. Colorado’s top export partners are Mexico ($1.7B), Canada ($1.6B), China ($0.8B)  South Korea ($0.6B), and Malaysia ($0.6 B), accounting for half of all Colorado exports in 2024. Top export commodities include meat (17%); nuclear reactors, boilers, machinery (15%); electric machinery (13%); optic, photo, medical or surgical instruments (11%); and aircraft, spacecraft, and related parts (5%). In 2022, exports from Colorado supported an estimated 40 thousand jobs.

Colorado in 2024 exported $500 million in aerospace, spacecraft, and related parts, accounting for roughly 4.8% of all Colorado exports. The European Union, Brazil, France, Canada and Mexico were the top five export destinations, accounting for 63% of Colorado's aerospace exports. In 2024, Colorado imported $1 billion of aerospace, spacecraft and related parts, accounting for roughly 6.2% of all Colorado imports. Switzerland, the EU, Germany, Canada, and France were the top five import sources, accounting for over 90% of Colorado's aerospace imports.

An estimated 820,200 jobs in Colorado are supported by international trade, representing 20.8% of all jobs in the state. Colorado’s top import partners are Canada ($5.4 B), China ($1.8 B), Mexico ($1.1 B), Switzerland ($0.9 B) and Germany ($0.9 B), accounting for 60% of imports in 2024. Top import commodities include oil, mineral fuel (20%); electric machinery (14%); nuclear reactors, boilers, machinery (11%); optic, photo, medical or surgical instruments (8%); and aircraft, spacecraft and related parts (6%).

In addition to the commodities traded, Colorado also trades services and runs a services trade surplus. In 2022, Colorado exported $16 B in services, supporting 97,260 jobs. Top services export markets were Canada ($1.3 B), the United Kingdom ($0.9 B), Mexico ($0.9 B), and China ($0.6 B). As a bloc, the EU was the top services export market with $3.8 B in services exports supporting over 18,900 jobs.

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