The Trump administration wants to shift venues California Governor Gavin Newsom’s Litigation Against Customs Policy From federal courts in San Francisco to federal courts in New York.
Justice Department lawyers argued Thursday that disputes should be awarded in the U.S. International Trade Court in New York, as they have sole jurisdiction over issues related to tariffs.
Newsom, a Democrat widely regarded as the 2028 presidential candidate, filed the lawsuit earlier this week along with California Attorney General Rob Bonta.
The lawsuit alleges that President Trump has surpassed his authority by adopting the emergency and imposing widespread tariffs on goods from Mexico, Canada and China.
The lawsuit specifically targets Trump’s call to the International Emergency Economic Force Act of 1977 (IEEPA) and claims it does not allow the imposition of presidential tariffs without explicitly approving Congress’ approval.
“Congress has the power to impose tariffs rather than president,” Bonta told the Washington Post.
The state attorney general argued that Trump has crossed constitutional boundaries.
“The President has gone too far again. He is welcoming to exercise his authority within a given jurisdiction, but not outside of his given authority,” Bonta said.
Newsom said tariffs have a significant economic impact, especially in California, which boasts the fifth largest economy in the world.
“We are not poised to lose anything more than California,” Newsom argued at a press conference after the lawsuit was filed.
He urged Congress, particularly the Republican leaders who control both rooms, to regain their constitutional responsibility.
“Where is Congress? Where is Johnson hell? Where is your work?” Newsom said, referring to House Speaker Mike Johnson.
The lawsuit argues that Trump’s tariffs pose an immediate threat to California’s economic stability, namely, to hurt sectors such as agriculture, entertainment and manufacturing.
The state says the resulting increased costs could have a direct impact on consumers and potentially hinder the state’s ambitious policy initiatives.
“President Trump’s tariffs will change the state’s economic situation, risk its status as the world’s fifth largest economy, and directly affect Governor Newsom’s ability to fulfill policy goals for all Californians,” the legal filing argues.
Trump’s tariff strategy has shaking financial markets and sparked widespread concern about a potential recession.
At least three additional lawsuits challenging the tariffs have been filed by conservative advocacy groups and the Black Feet Nation Tribe in Montana.
One of these cases, already filed with the Trade Court, has been assigned to a panel of three judges. The DOJ is similarly trying to integrate other legal disputes under the International Trade Court.
Meanwhile, California officials have also expressed practical concerns about the immediate logistical impact of tariffs, particularly on restructuring efforts from the state’s recent destructive wildfires.
The tariffs they fear could severely limit access to critical construction materials such as wood, steel and aluminum, and could slow recovery in affected areas.
The administration recently suspended the proposed tariffs for 90 days with the aim of negotiating with trading partners such as Vietnam, Japan, South Korea and Israel.
However, broad tariffs remain on almost all imports, with significant escalation targeting China.
The Newsom lawsuit calls for an immediate suspension of customs enforcement, citing the Supreme Court’s “main question” doctrine.
