California Files Lawsuit Against Trump’s Tariffs
Today, the state of California filed a lawsuit challenging Donald Trump’s massive new tariffs. The complaint is available here. The arguments California makes are in many ways similar to those advanced in the case the Liberty Justice Center and I filed on Monday on behalf of five US businesses harmed by the tariffs.
Like us California argues that the International Emergency Economic Powers Act of 1977 (IEEPA) doesn’t authorize tariffs at all, and that Trump administration’s position runs afoul of the “major questions doctrine” and constitutional nondelegation rules. Interestingly, California’s complaint doesn’t use the terms “major questions” and “nondelegation,” both of which have negative connotations for some on the left. But they cite the relevant precedents and make the relevant points. Personally, I think the substance of the arguments matters more than terminology.
Our complaint, however, makes some additional points that the California one doesn’t cover, such as that the bilateral trade deficits that supposedly justify the “Liberation Day” tariffs are not an “unusual and extraordinary threat” (which IEEPA says must be present to allow invocation of the law).
On the other hand, California’s suit goes beyond ours in challenging not only the “Liberation Day” tariffs (imposed on almost every country in the world), but also the earlier IEEPA tariffs imposed on Canada, Mexico, and China, justified by the supposed threat of fentany
Article from Reason.com
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