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12:37Now PlayingAttorneys Brian Kabateck and Shant Karnikian cover the Liberty Justice Center's new lawsuit challenging Trump's replacement tariffs, filed hours after they took effect. After the Supreme Court struck down his IEEPA tariffs 6-3 in February, Trump tried Section 122 tariffs (struck down, expired after 150 days), and now Section 301 tariffs covering 60 economies and 99% of U.S. imports, justified as "forced labor enforcement." The Liberty Justice Center, the same organization that beat Trump at the Supreme Court, calls it pretext. Section 301 requires country-specific findings about specific trade practices. Instead, the administration imposed near-uniform duties across 60 economies with no individualized investigation, no remedial requirements, and rates that happen to match the old tariffs that were struck down. The plaintiffs, spice company Burlap & Barrel and watch retailer Collective Horology, argue the tariffs are "arbitrary and capricious" and the forced labor rationale was assembled after the tariff rates were already decided. Trump's own comments bolster the case: he described the new tariffs as a continuation of his previous trade agenda, not a forced labor initiative. Brian and Shant note the pattern: figure out the tariff first, find the justification later. The statute exists. The authority is real. But it requires a process Trump didn't follow. Brian predicts another loss.
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