Governor Gavin Newsom and state Attorney General Rob Bonta staged a press conference on an almond farm in rural Keyes last week to announce they are suing the Trump Administration over the issue of tariffs.

Such a lawsuit has little chance of succeeding since tariffs are a federal matter and the Trade Act of 1974 grants the president authority to negotiate trade agreements and adjust tariffs, while also creating mechanisms to protect U.S. industries and workers. Last week’s presser was seen by critics as more of a political move as Newsom eyes the White House in 2028.

Bonta bragged about filing the state’s 14th lawsuit against Trump and said: “We’re here because President Trump’s rogue and erratic tariffs are wreaking havoc on our nation’s financial systems and causing uniquely immense harm to California’s economy, the fifth largest economy in the world and a major driver of our national economy.”

Bonta claims the president “unlawfully imposed under the international emergency economic powers act. We asking the court to rein in the president, restore to our economy, and uphold the Constitution.”

President Trump has justified the tariffs or threats of them to even the lopsided trade deficit. Many countries charge excessive tariffs to sell American products abroad. 

A White House official slammed the Newsom/Bonta lawsuit and defended the tariff plan.

“Instead of focusing on California’s rampant crime, homelessness, and unaffordability, Gavin Newsom is spending his time trying to block President Trump’s historic efforts to finally address the national emergency of our country’s persistent goods trade deficits,” noted White House spokesperson Kush Desai. “The entire Trump administration remains committed to addressing this national emergency that’s decimating America’s industries and leaving our workers behind with every tool at our disposal, from tariffs to negotiations.”

Bonta said Trump tariffs of 145 percent caused a retaliatory tariff of 125 percent on U.S. goods “including on California nuts and dairy products.”

“California is the nation’s largest importer and second largest exporter, the largest when it comes to agricultural exports. In 2022, California agricultural exports brough in nearly $24 billion. Mexico, Canada and China happen to be our biggest trade partners. Over 40% of California’s imports come from those three countries, and they are our top three export destinations, buying close to $67 billion in California exports…vendors have warned us that they’re going to pass the cost of Trump’s tariffs onto the state of California. Trump may claim he’s a great businessman, but Trump’s tariffs are truly terrible for business, and they are breaking the law,” said Bonta.

Newsom and Bonta announced they are filing a lawsuit against Trump in the U.S. District Court for the Northern District of California, challenging the legality of the tariffs he imposed under the International Emergency Economic Powers Act.

The act enables a president to freeze and block transactions in response to foreign threats but doesn’t allow the president to adopt tariffs, the suit says. The lawsuit also argues that enacting such tariffs requires approval from Congress.

“The reality is, the U.S. Constitution gives Congress the power of the purse,” said Bonta. “It’s Congress’ responsibility to set and collect taxes, duties and excises, including, yes, tariffs, not the president. Congress hasn’t authorized these tariffs, much less authorized imposing tariffs only to increase them, pause them, then imminently reinstate them on a whim, causing our nation and the global economy whiplash.”

Newsom said that California is taking the lead on filing a lawsuit on the legality of the tariffs because they are “especially harmful” to the Golden State.

Christine Gemperle said she and her brother Erich, who co-own and operate Gemperle Orchards just outside of Keyes, have been through a lot over the last 27 years, including three droughts and a pandemic. But they claim what they now face is just as bad and possibly worse.

“We are lucky enough to live in one of the few places on this planet that have the perfect climate, soils and water infrastructure to support growing a highly nutritious crop, almonds… Global markets rely on us to provide almonds, and we rely on their consumption. But tariffs have the ability to disrupt those relationships that have been built, some over decades. We rely on those same global markets to supply us with materials we need to build farm equipment, irrigation systems and fertilize fields. Will we be able to access what we need to grow our crops? And if so, will we even be able to afford it? Because seasons determine when crops are planted and harvested, we do not have the luxury to wait years for factories to be built, for supply chains to grow, regardless of all the scientific and engineering advances, farming is still hard work, and the weather makes every year a gamble. The last thing we need is more uncertainty…,” said Gemperle.

“The president is yet again acting as if he’s above the law. He isn’t. He is, yet again, violating the U.S. Constitution, overriding Congress’ authority and breaching the separation of powers. It’s simple, Trump does not have the authority to impose these tariffs, he must be stopped,” said Bonta.

Newsom echoed those claims, saying: “The president can’t do unlawful things. It’s really that simple and he thinks he’s above the law. He’s not. He thinks he can violate the Constitution and the law, and he can’t. And so it’s up to us to hold him accountable to following the law and in any court where we will get what courts give a fair and objective hearing, a full review of the facts of complete analysis of the law, we believe will be successful and we believe that in this case.

The announcement comes days after Newsom asked countries to exempt California exports from retaliatory tariffs. No deals have yet been announced. He also launched a tourism campaign to entice Canadian visitors to California this week.

– Kristina Hacker and Jeff Benziger contributed to this report