Why now? Former attorney general reveals timing behind Costco’s tariff lawsuit

Costco is one of dozens of companies suing the Trump administration over its tariffs, seeking both a full refund of tariffs already paid and an end to the ongoing collection of import duties.

The retail giant argued President Donald Trump unlawfully used the International Emergency Economic Powers Act (IEEPA) to impose his tariffs. However, former Washington State Attorney General Rob McKenna noted the Supreme Court case on whether Trump had authority under the IEEPA to impose the tariffs is still pending — so why file the lawsuit now and not wait until after the ruling?

“The answer is one: we don’t know when the Supreme Court’s actually going to rule, even though they took the case on an expedited basis. And two: Costco and the other companies are arguing that there’s a December 15 deadline that could prevent the tariffs that were already paid from being refunded,” McKenna said on “Seattle’s Morning News” on KIRO Newsradio.

Costco has not said how much it has paid in tariffs, but noted one-third of its sales are from imported goods. A successful lawsuit could encourage other companies to take similar action.

“It’s a big deal, and this is likely not to be the end of the lawsuits that are filed,” McKenna said.

Watch the full discussion in the video above.