Civil Litigation Attorney Files Amicus Brief Against IEEPA Tariffs on Nondelegation Grounds
Corey Biazzo, a Charlotte-based civil litigation attorney, filed an amicus brief before the Supreme Court on Sept. 21 in opposition to tariffs imposed under the International Emergency Economic Powers Act. Biazzo's submission is the first amicus brief filed in the case on the merits and argues that President Donald Trump's claimed tariff authority violates separation of powers principles (Donald J. Trump v. V.O.S. Selections, U.S. 25-250) (Learning Resources v. Donald J. Trump, U.S. 24-1287).
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Biazzo argued that Trump "appears to have attempted to usurp the Legislature’s Article I power to 'lay and collect Taxes, Duties, Imposts and Excises,' as assigned by" the Constitution. He said that while IEEPA and the National Emergencies Act "may delegate some of Congress' Article I authority to the President," these statutes don't delegate "unbounded unilateral tariff authority to the President."
The brief noted that IEEPA doesn't specifically mention tariffs but only "generally authorizes the President to block, regulate, or prohibit certain targeted 'transactions' involving foreign property and commerce when a national emergency exists." The statute doesn't let the president "enact general revenue measures."
Even if the text of IEEPA were "pliable (it is not), foundational doctrines require a narrow construction," Biazzo argued, invoking the major questions doctrine, which says the Executive can only regulate on issues of major political or economic significance upon explicit delegation from Congress. "As of the time of this brief, Congress has not clearly assigned decisions of vast economic and political significance, (at least involving tariffs), to the President nor to any Executive branch agencies," the brief said.
In any case, "Congress manifestly is not permitted to abdicate or to transfer to others the essential legislative functions with which it is thus vested," the brief said, claiming that a delegation of unbounded tariff authority would violate the nondelegation doctrine. Biazzo urged the court to "make it clear that broad, revenue-raising tariffs require statutes from Congress to enact, pursuant to Article I Sec. 8, Cl. 1 of the U.S. Constitution."
He added that anything less “unconstitutionally transfers Congress’ taxing power to the Executive and erodes the separation of powers that was designed by the Framers.”