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Wis. Man Details Reasons for Broad Suit Against Presidential Tariff-Setting Authority

Earlier this month, Wisconsin man Gary Barnes filed a lawsuit challenging the chief executive's right to impose tariffs as a violation of the U.S. Constitution (see 2502060026). In an email to Trade Law Daily, Barnes said he's targeting tariffs, since they "force retirees, low-income citizens and those on some kind of living assistance to help subsidize tax breaks for others" and also victimize the "less fortunate in our society" (Gary L Barnes v. United States President Donald Trump, CIT # 25-00043).

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Barnes is 81 and is a retired steamfitter residing in Green Bay. He doesn't have a background in law and decided to proceed with his case pro se after contacting attorneys who expressed a reluctance to get involved with the case, he said. Barnes added that he's "followed and at times been involved in politics since the late 70s."

Barnes said his focus on the tariffs is to alleviate harm imposed on individuals that are "retired, low income or on some kind of assistance," particularly in light of President Donald Trump's stated intention of extending the tax cuts imposed during his first administration. The tariffs are a "hidden tax that reduces the buying ability of those groups, thereby reducing their standard of living even further just to help increase the income of those who benefit from tax cuts," Barnes said.

In his complaint, Barnes alleged that any tariffs imposed by the president are a violation of the U.S. Constitution, since the power to levy tariffs rests exclusively with Congress. His case was assigned to Judge Jennifer Choe-Groves, who scheduled a status conference for the case on Feb. 28.