CA AG Pushes Back On Presidential Tariff Authority

Source: The State AG Report

State: California

Area of Law: Consumer Protection, Supreme Court

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• 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.