California Attorney General Rob Bonta and Governor Gavin Newsom have submitted an amicus brief to the U.S. Supreme Court in the case of Learning Resources Inc. v. Trump, challenging the legality of tariffs imposed by the Trump Administration under the International Emergency Economic Powers Act (IEEPA). The oral argument for this case is scheduled for November 5, 2025.
Attorney General Bonta contends that IEEPA does not provide authority for the President to impose tariffs. He stated, “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. 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.”
Governor Newsom also criticized these actions: “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,” he said. “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 executive orders setting tariffs from 10% up to 145% on most U.S trading partners. California officials argue these measures threaten significant economic harm within California—currently ranked as one of the largest economies globally—as well as broader effects across global markets.
The state asserts that IEEPA was enacted in 1977 specifically for presidential responses during declared national emergencies caused by foreign threats but has never been used before as a basis for imposing tariffs because its language lacks any reference to such powers.
California’s Department of Justice previously filed a lawsuit contesting Trump’s use of IEEPA for tariff imposition without Congressional approval; a judge later granted dismissal at California’s request so that an appeal could proceed with Ninth Circuit review pending Supreme Court action.
Other states have also initiated lawsuits over these tariff policies, with Attorney General Bonta submitting amicus briefs in related cases such as Oregon v. Trump and other proceedings nationwide.
Attorney General Bonta has organized roundtable discussions with business leaders in cities like San Francisco and Los Angeles regarding impacts on various industries affected by recent tariff decisions.
A copy of California’s Supreme Court brief can be accessed online.
