Trump administration asks to move Newsom's tariffs lawsuit out of California

Lia Russell, The Sacramento Bee on Apr 18, 2025

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The U.S. Department of Justice has asked to move Gov. Gavin Newsom’s lawsuit over President Donald Trump’s tariffs from a California federal court to the U.S. Court of International Trade in New York.

In a 22-page motion filed Thursday in the U.S. District Court of Northern California, DOJ attorneys argued that the federal trade court based in New York City should oversee the case, because it has exclusive jurisdiction over tariffs.

On Wednesday, Newsom and California Attorney General Rob Bonta announced that they were suing to block Trump’s tariff powers, arguing that only Congress has the power to levy such tolls under the International Economic Emergency Powers Act, which grants presidents the authority to impose sanctions, freeze assets and block transactions during national emergencies.

“We’re asking the court to rein in the president, restore to our economy and uphold the Constitution ... He is, yet again, violating the U.S. Constitution, overriding Congress’ authority and breaching the separation of powers,” Bonta told reporters Wednesday. “It’s simple, Trump does not have the authority to impose these tariffs.”

The two California leaders also argued that the tariffs uniquely harm California because they levy the harshest penalties on China, Canada and Mexico, the Golden State’s three largest trading partners.

Trump initially levied a 10% baseline tax on most countries, but ratcheted it up to 25% on Canadian and Mexican products, and 145% on Chinese products, sparking a trade war that economists predict will send the price of U.S. consumer goods soaring.

“You scared?” Newsom wrote online Friday in response to the motion, which was first reported by the New York Post.

In the Thursday motion, DOJ lawyers argued that the federal trade court is already considering other cases challenging the tariffs, and should consolidate the California case.

While California is the first state to sue, the Liberty Justice Center, New Civil Liberties Center and the Blackfeet Nation previously filed suits to block the tariffs.

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