CA AG Pushes Back on Presidential Tariff Authority

Cozen O'Connor
Contact
LinkedIn
Facebook
X
Send
Embed

Cozen O'Connor

  • California AG Rob Bonta and Governor Gavin Newsom filed an amicus curiae brief in the U.S. Supreme Court in Learning Resources, Inc. v. Trump, urging the Court to hold that President Trump’s imposition of tariffs under the International Emergency Economic Powers Act (IEEPA) was unlawful.
  • The brief argues that the President lacks independent authority to impose or alter tariffs and asserts that the IEEPA does not delegate any tariff-imposing power to the President. The brief further provides that while the IEEPA allows the President to take certain specified actions in response to a declared national emergency arising from foreign threats, it contains no reference to taxing or tariff authority.
  • AG Bonta and Governor Newsom urge the Court to safeguard the separation of powers by ruling that the IEEPA does not authorize the President to impose tariffs at all, or, in the alternative, affirmance of the Federal Circuit’s en banc decision that, even if the IEEPA delegates some tariff authority, the tariffs at issue exceed any permissible delegation.
  • We previously reported on AG Bonta’s filing of a separate lawsuit challenging the Trump Administration’s use of the IEEPA to unilaterally impose tariffs; that case is currently held in abeyance pending the Supreme Court’s decision in Learning Resources.
Send Print Report

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Cozen O'Connor

Written by:

Cozen O'Connor
Cozen O'Connor
Contact
more
less

What do you want from legal thought leadership?

Please take our short survey – your perspective helps to shape how firms create relevant, useful content that addresses your needs:

Cozen O'Connor on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign Up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide