Statement from Governor Bob Ferguson on U.S. Supreme Court’s decision striking down President Trump’s unlawful tariffs
OLYMPIA – Governor Bob Ferguson issued the following statement today on the Supreme Court’s decision to block the Trump Administration’s illegal tariffs:
“Washington is one of the most trade-dependent states in the nation. Research has shown that American companies and consumers are bearing 90 percent of the economic burden of President Trump’s tariffs. That’s why I led a coalition of more than two dozen public and private partners to tell Washington’s story to the Supreme Court. The court agreed with us, and struck down the President’s harmful and illegal tariffs.
“I will always stand up for Washington families, workers and businesses.”
In the 6-3 decision, the Supreme Court ruled that President Trump could not invoke the International Emergency Economic Powers Act of 1977 to set tariffs on imports.
Writing for the majority, Chief Justice John Roberts said: “The president asserts the extraordinary power to unilaterally impose tariffs of unlimited amount, duration, and scope. In light of the breadth, history, and constitutional context of that asserted authority, he must identify clear congressional authorization to exercise it.”
In October, Governor Ferguson and a coalition of 27 public and private partners in Washington state filed an amicus, or “friend of the court,” brief with the U.S. Supreme Court in support of a legal challenge to block the Trump Administration’s illegal tariffs. Members of the coalition have “borne the consequences of President Trump’s unlawful tariffs and disregard for separation of powers,” the brief states, including increased costs for consumers, supply chain disruptions, and lost revenues across industries.
It continues: “These tariffs have undermined the state’s economic well-being and severely disrupted key sectors of Washington’s economy, including agriculture, manufacturing, and technology, resulting in higher costs for consumers and businesses, and reduced competitiveness in global markets.”
The brief also states the sweeping tariffs unilaterally imposed by the President “undermine the bedrock principles” upon which the country was founded.
In filing the amicus with the U.S. Supreme Court, Ferguson was joined by State Treasurer Mike Pellicciotti; 10 state legislators; the mayors of Seattle and Spokane; five labor unions; the Washington Economic Development Association, a trade association whose members include Washington-based economic development organizations, cities, counties, ports, tribes, businesses, education and community-based organizations; and other business and economic development interests.
The Attorney General’s Office appointed attorneys Steven Fogg and Kathryn Joy of Corr Cronin LLP as special assistant attorneys general to handle the brief pro bono, at no cost to the state.
This was the second amicus brief filed by Ferguson and the coalition of state and local officials, state legislators, labor unions, and businesses.
In May, the coalition filed a brief making similar arguments in the trial court.
Both the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit have struck down Trump’s illegal tariffs. Today’s decision from the U.S. Supreme Court upheld that decision.
Article I of the Constitution vests Congress, not the President, with the “Power To lay and collect Taxes, Duties, Imposts and Excises.” Trump’s executive orders cite the powers granted by the International Emergency Economic Powers Act (IEEPA), but that law applies only when an emergency presents an “unusual and extraordinary threat” from abroad and does not empower the president to impose tariffs. Congress enacted IEEPA in 1977. No other president has imposed tariffs based on IEEPA.
In its majority opinion striking down these unlawful tariffs, the Supreme Court directly cited Article 1 underscoring the powers of the legislative branch. The Chief Justice wrote: “It is no accident that this power appears first.”
President Trump’s executive orders announced higher tariffs on virtually every nation in the world. Prior to this decision, these included a 35 percent tariff on many imports from Canada, a 25 percent tariff on many products from Mexico, and a blanket tariff of 10 percent on most products from much of the rest of the world.
In all, Washington companies shipped $57.8 billion worth of goods to the world in 2024. Nearly $120 billion in exports and imports flowed through Washington state ports in 2024. As of 2022, Washington goods exports supported an estimated 160,000 jobs across the state, almost 18 percent above the national average.
Impacts of the tariffs are already proving significant. In September 2025, the state Office of Financial Management released what is believed to be the first statewide, nonpartisan report on the potential effects of tariffs. It found that fully implementing Trump’s tariffs could cost Washington $2.2 billion in general fund revenue over the next four years. Quarterly state GDP growth is also expected to slow by 1.2 to 1.8 percentage points through 2029.
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