Ilya Somin supports Gellert's tariff lawsuit
Ilya SominLaw professor and legal commentator
Somin argues that the Section 338 tariff challenge should succeed.
“But I support it and believe it deserves to prevail.”
Analysis
Where this statement fits
Trump's Section 338 Canada tariffs face Gellert Global Group's legal challenge
Gellert Global Group challenges Trump's 50% tariffs on covered Canadian goods under Section 338. Trump's proclamations describe the duties as a response to Canadian discrimination. The importer contests the statutory authority, the discrimination findings and the procedures used.
Source and context
Analysis
About this source
Somin supports the lawsuit and says he is not directly involved in this case. He previously worked with its counsel on other tariff litigation.
Before the quotation
Somin says he previously worked with LJC on IEEPA litigation but is not directly involved in this case.
After the quotation
He explains statutory and constitutional grounds for rejecting the tariffs.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
Relative to the Section 338 tariffs, Somin rejects their legality. Supporting the lawsuit against them is not a defense of the tariffs.
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More from this case
Read the full casePeter Harrell finds key arguments against the Section 338 tariffs persuasive
“I have written about Section 338 elsewhere and I find these arguments persuasive: Canada's acts that are the purported basis for the Section 338 tariffs are not "discrimination" within the meaning of the statute, and the tariffs do not "offset" the burden of the discrimination. At the very least, these arguments would mean a significant narrowing of the tariffs.”Read statement
Thomas Gellert says the Section 338 tariffs disrupt Gellert Global Group's business relationships
“These tariffs disrupt those relationships overnight and create costs and uncertainty that ripple through the entire supply chain”Read statement
Jeffrey Schwab says Section 338 cannot bypass modern trade-law safeguards
“The administration cannot skip those protections by reaching for a 1930 statute that no president had ever used to impose a tariff”Read statement
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The Dispute Index. "Ilya Somin supports Gellert's tariff lawsuit". First published: 2026-10-21. Last updated: 2026-10-21. https://disputeindex.com/events/6335-somin-argues-that-the-section-338-tariff-challenge