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OAKLAND — California Attorney General Rob Bonta and Governor Gavin Newsom today filed an amicus brief in the U.S. Supreme Court in Learning Resources Inc. v. Trump, opposing the Trump Administration’s persistent efforts to impose illegal tariffs that have sent shockwaves and uncertainty through global economies, markets, and consumers. In the brief, Attorney General Bonta argues that the International Emergency Economic Powers Act (IEEPA), which the President has used as a vehicle to levy the tariffs in question, does not delegate any authority to the President to impose tariffs. Learning Resources Inc. v. Trump is scheduled for oral argument before the Supreme Court on Wednesday, November 5, 2025. President Trump’s illegal tariffs are causing uncertainty and unpredictability, which is bad for business, bad for the economy, and as the fourth largest economy in the world, bad for California. In April, Attorney General Bonta and Governor Newsom filed a lawsuit challenging President Trump’s unlawful use of power to impose tariffs without the consent of Congress.
“President Trump’s illegal tariffs impact businesses, consumers, and states across the nation — and they are illegal. Any attempt by the Trump Administration to interpret IEEPA as giving it the power to impose tariffs is a feat of mental gymnastics,” said Attorney General Rob Bonta. “No matter how you spin it, no matter what definitions the Administration reaches for, 2 + 2 does not equal 10. Congress does not hide elephants in mouseholes — if Congress had intended to grant the President such extraordinary authority, it would have said so. Today, California asks the U.S. Supreme Court to rule that IEEPA does not authorize the President to impose tariffs.”
“Trump’s illegal tariffs are punishing American families and small businesses. It’s not policy or business acumen — it’s betrayal and grift. Americans are struggling to put food on their tables, and Trump’s response is to send $20 billion in taxpayer money to Argentina and leave our farmers and ranchers out to dry,” said Governor Gavin Newsom. “While Trump continues to play political games and make shady deals for his own benefit, California will keep fighting on your behalf. We urge the court to stand firm against authoritarianism and uphold the rule of law that it is sworn to protect.”
Since February 2025, President Trump has issued an unprecedented and chaotic series of executive orders imposing tariffs, ranging from 10% to 145% on nearly every trading partner of the United States. California is the fourth-largest economy in the world and the largest importer of goods among the 50 states. The illegal tariffs imposed by President Trump using IEEPA threaten to devastate California’s economy, depriving it of $25 billion and more than 64,000 jobs.
Instead of invoking any of the Tariff or Trade Acts as authority for his unilateral overhaul of our nation’s tariff system, the President invoked IEEPA, a federal statute enacted in 1977 that allows the President to take certain specified actions in response to a declared national emergency resulting from an unusual and extraordinary foreign threat. In the nearly fifty years since its enactment, no President has ever before invoked IEEPA to impose tariffs because IEEPA does not reference the power to tax or tariff at all.
Moreover, every time that Congress has delegated tariff authority to the President, it has referred explicitly to tariffs, using terms like “duties” or “tariffs.” IEEPA makes no mention of “tariffs,” “duties,” or any similar term, such as “customs,” “taxes,” or “imposts.” IEEPA includes the phrase “regulate . . . importation,” which the Administration has taken to mean impose tariffs — despite the Administration’s inability to point to a single other statute in the entirety of the U.S. Code where “regulate” has been understood to bestow such power to the President.
BACKGROUND:
Attorney General Bonta is committed to challenging the illegal tariffs that threaten California jobs, businesses, and consumers — tariffs that have sent shockwaves through financial markets, businesses, and consumers in every corner of the globe. The California Department of Justice has challenged President Trump’s illegal tariffs on all fronts:
In April, Attorney General Bonta and Governor Newsom filed a lawsuit challenging President Trump’s unlawful use of power to impose tariffs without the consent of Congress. In June, a judge granted California’s request for dismissal to allow the state to appeal its case challenging the Trump Administration’s illegal tariffs after the Administration asked that the case be transferred to the Court of International Trade — a motion that California opposed. The dismissal kept the case in California and allowed California to appeal to the Ninth Circuit. California’s case has been held in abeyance by the Ninth Circuit pending the Supreme Court’s resolution of these cases. For more information on California’s case, please see here.
Other states and entities nationwide have filed lawsuits of their own. Attorney General Bonta has filed an amicus brief in the Court of International Trade in Oregon v. Trump as well as in the D.C. Circuit in Learning Resources, Inc. v. Trump, cases challenging President Trump’s illegal imposition of tariffs.
Attorney General Bonta has hosted roundtable discussions in San Francisco and Los Angeles for business leaders on the front lines of the tariff war to discuss the impacts of tariffs on industries across California.
A copy of the brief is available here.