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Tipsheet

Gavin Newsom Thought He Could Stop Trump's Tariffs – a Federal Judge Had Other Plans

AP Photo/Noah Berger

A federal judge has dismissed California’s lawsuit challenging the Trump administration’s sweeping global tariffs.

Judge Jacqueline Scott Corley, a Biden appointee, ruled that California did not have jurisdiction to sue the White House in the Northern District of California. She agreed with the Justice Department’s argument that the case belongs in the New York-based Court of International Trade.

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From Fox Business

The Trump administration had asked the judge to transfer the case from the U.S. District Court for the Northern District of California to the U.S. Court of International Trade, based in New York. She instead threw out Newsom and Bonta’s case altogether, opening a path for the two Democrats to appeal the ruling to the famously liberal U.S. 9th Circuit Court of Appeals.

The California Democrats argued Trump’s tariffs issued under the International Economic Emergency Powers Act violate the separation of powers doctrine because they were not approved by Congress, but the Trump administration says the levies address a national emergency due to the trade deficit with other countries.

Scott Corley’s decision comes after two rulings last week rejected the legality of Trump’s tariffs plan, which included issuing 10% "Liberation Day" tariffs and additional levies against China, Mexico and California. Both a three-judge panel on the New York-based trade court and an Obama-appointed Washington, D.C., District Court judge said Trump’s tariffs exceeded the authority granted under the International Emergency Economic Powers Act.

California Attorney General Rob Bonta immediately filed an appeal with the San Francisco-based Ninth Circuit Court of Appeals, according to The Sacramento Bee.

He and Newsom announced last month that they were challenging Trump’s ability to levy taxes on foreign imports under the International Emergency Economic Powers Act, arguing that the president did not have the authority to do so. 

Newsom has made the tariffs central to his attacks on Trump since he resumed criticizing the president in recent weeks, arguing the uncertainty has harmed small businesses and blown a $16 billion hole in California’s budget. 

“It was dismissed on procedural grounds,” Newsom’s office said in response to Scott Corley’s ruling. “We disagree — as did a federal court in D.C. — and have already appealed.”

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This is a significant victory for the Trump administration, but the battle is not over. It won’t be surprising if the Ninth Circuit rules in California’s favor, which would pave the way for a battle at the Supreme Court.

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