“This statute authorizes specific emergency actions like imposing sanctions or freezing assets to protect the United States from foreign threats,” the organization stated. “It does not authorize the president to impose tariffs. In its nearly 50-year history, no other president – including President Trump in his first term – has ever tried to use the IEEPA to impose tariffs.”

"His attempt to use the IEEPA this way not only violates the law as written, but it also invites application of the supreme court’s major questions doctrine, which tells courts not to discern policies of ‘vast economic and political significance’ in a law without explicit congressional authorization," the statement continued.

Mark Chenoweth, who is president of the New Civil Liberties Alliance, said that by filing the lawsuit in a Pensacola, Florida court, the judge would have to abide by the aforementioned precedent, or else it would ultimately "transfer core legislative power." And Sen. Rand Paul (R-KY) — who recently voted with Democrats to limit Trump's tariff powers on Canada — opined that his colleagues in the Senate Republican Conference are also likely very uneasy about the president's latest new import taxes,

“They all see the stock market, and they’re all worried about it,” Paul said. “But they are putting on a stiff upper lip to try to act as if nothing’s happening and hoping it goes away.”

The lawsuit also signals an escalation from the various arms of the Koch political machine. His Americans for Prosperity organization threw its weight behind former United Nations Ambassador Nikki Haley in the 2024 Republican presidential primary, only for her to bow out and eventually endorse Trump after Trump won the Super Tuesday primaries.

After this article appeared, a spokesperson for Stand Together contacted The National Memo with the following statement: "Stand Together, a nonprofit funded in part by Charles Koch that has supported NCLA is not involved in this case."