Reciprocal tariffs exceed president’s constitutional, statutory authority, say plaintiffs

Plaintiffs Susan Webber and Jonathan St. Goddard, both members of the Blackfeet Tribe, filed a complaint Friday in U.S. District Court in Great Falls against the U.S. Department of Homeland Security, the United States of America, and Secretary of Homeland Security Kristi Noem, arguing that recently announced reciprocal tariffs are invalid.

The motion for immediate preliminary and permanent injunction maintains that the April 2 Executive Orders on reciprocal tariffs, referred to as the Canada Orders, exceed the president’s constitutional and statutory authority and are in violation of the separation of powers. The plaintiffs also argue that the Canada Orders violate Native American trade rights provided for under the Jay Treaty, causing them irreparable harm. 

Montana Farmers Union President Walter Schweitzer, who signed a declaration in support of the motion, said the reciprocal tariffs are already causing uncertainty and harm to Montana’s farmers and ranchers.

“Many Montana farmers closest suppliers and buyers are just across the Canadian border. Farmers are going to get caught both ways by tariffs on both side of the borders instead of being able to rely on the historical network of businesses and family that have helped to spread their risk and workload,” Schweitzer said.

Montana imports more than 90 percent of goods from Canada and Mexico, making the tariffs’ impacts staggering. Already, several farmers have received letters warning that their pulse crop contracts might not be honored due to the tariffs, and farmers are braced for impacts to the cost of fertilizers imported from Canada.

According to the motion, steel tariffs already in place have required St. Goddard to pay a $308.77 tariff on a tractor wheel he purchased for $1,252. Reciprocal tariffs further increase the financial stress for farmers and ranchers.

“Farmers Union supports targeted tariffs. Nonetheless, the implementation of tariffs should follow the constitutional process which involves Congress and opportunity for public comment. The executive branch does not have the authority to implement worldwide tariffs that are random, arbitrary, and unpredictable,” Schweitzer said. 

Clicks the following links to read documents: 

Complaint for Declaratory and Injunctive Relief

Brief in Support of Motion for Preliminary and Permanent Injunction

Motion for Preliminary and Permanent Injunction

Filed Declarations