Oct. 12, 2026
Trump's Canada tariffs are daring someone to sue
No one has yet sued over President Donald Trump's unprecedented 50% Section 338 tariffs on Canadian imports, and attorneys say any challenger will face courts that have generally upheld tariffs when Congress expressly authorized them, a complication compounded by Canada's retaliatory duties.
Trade experts are still waiting for a plaintiff to file a lawsuit challenging the 50% tariffs on a wide range of Canadian imports, but any challenge faces a court system that has usually backed duties imposed by the executive branch, attorneys said.
The Canadian tariffs, imposed in August under Section 338 of the Tariff Act of 1930 -- better known as the Smoot-Hawley Act -- represent an unprecedented use of the nearly century-old law.
"The Section 338 tariffs against...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$895, but save $100 when you subscribe today… Just $795 for the first year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In