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US Small Businesses Challenge Trump’s 2026 Tariffs in Court

Two American companies have launched a landmark legal challenge against former President Donald Trump's latest tariff measures, marking the first private lawsuit against 2026's controversial trade policies. Spice importer Burlamp & Barrel and toy manufacturer Basic Fun filed their case on March 9, arguing the revived 10% global import tax violates constitutional limits on presidential power.

The lawsuit follows a February 20 U.S. Supreme Court ruling that invalidated Trump's previous tariffs imposed under emergency powers never before used for trade measures. Plaintiffs contend the new tariffs misuse a 19th-century monetary law intended for financial crises, not modern trade imbalances.

"These sudden tariffs destabilize supply chains and punish American families through higher prices," said Burlamp & Barrel co-founder Ethan Frisch. The Liberty Justice Center nonprofit argues the policy particularly harms small businesses that rely on predictable import costs.

The legal battle comes as 24 U.S. states separately challenge the tariffs through coordinated litigation. Analysts suggest the cases could redefine executive trade authority ahead of November's presidential election.

Related: US states and businesses demand tariff refunds amid uncertain future

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