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.
