The Game Manufacturers Association (GAMA) has joined the New Civil Liberties Alliance (NCLA) federal lawsuit that challenges the President’s tariffs imposed under the IEEPA (see “Erratic Tariff Policy“).
This lawsuit was filed on July 21, 2025 in the U.S. District Court for the Western District of Texas. The plaintiffs in this suit, GAMA, FIREDISC cookware, and Ryan Wholesale (timber supplier), allege that the President unlawfully bypassed Congress and exceeded constitutional boundaries when he used emergency powers to place tariffs on imports from China, Canada, and other countries. They are seeking a summary judgment that would set aside the tariffs.
“GAMA strongly supports this lawsuit as a critical effort to restore constitutional oversight of trade and tariffs,” said GAMA Executive Director John Stacy. “These emergency tariff orders are economically damaging and threatens tens of thousands of jobs in our industry that relies on international manufacturing and cooperation.”
The case hinges on two key arguments. The first argument is based on Article I, § 8, cl. 1 of the Constitution that grants Congress the sole authority to control tariffs. It alleges that the President does not have emergency authority to levy tariffs under the International Emergency Economic Powers Act (IEEPA), as it was not part of Act’s original intent, and the President’s actions to levy tariffs are unlawful.
The second part of the argument made is that the President’s attempt to use the IEEPA in this manner invites a dangerous application of the Supreme Court’s major questions doctrine. This doctrine advises courts not to rule on certain policies of “vast economic and political significance” in a law without congressional authorization. If the use of these executive orders hold, it could potentially allow a President to disrupt the tariff system and financial markets at will, and circumvent the intended limits of their executive powers.
GAMA actually became a plaintiff in a lawsuit this time through, as opposed to the other tariff lawsuits they’ve supported but have not joined. Their decision to join this lawsuit was based on the idea that this litigation addresses a wider economic impact across multiple industrial sectors and focuses on the imposed tariffs as causing “industry-scale harm.” It was also noted that their involvement in this lawsuit is part of a “strategic escalation of our ongoing advocacy” for small businesses and the tabletop games industry.
In terms of advocacy, ICv2 recently suggested two projects that GAMA should take on (see “Support the Industry“).
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