Fil-Am Attorney General Rob Bonta first to sue Trump over tariffs

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Finally, someone is taking a major stand against tariffs and point-blank calls them what they are – a tax.

And we have a Filipino American to thank, California Attorney General Rob Bonta.

Before this week, no one has bothered to present an effective primer for the American public that also doubles as an actual lawsuit.

But now, in a bold stand that feels as much like a rallying cry as a legal maneuver, Bonta has stepped onto the national stage.

With the weight of the fifth-largest economy in the world behind him, Bonta has filed the first lawsuit in the country challenging the legality of tariffs imposed by President Trump. This move not only seeks to upend unjust economic practices by Trump, but embodies the very spirit of justice and accountability.

So if at first you thought tariffs were some harmless bonbon, read the lawsuit where Bonta spells it out: “A tariff is a tax placed on goods imported into a country. It is assessed on the good at the port of entry, so the cost is borne by the distributor who is receiving the goods in the United States, not on the country of origin. The tariffs’ effects are thus immediate.”

“And they’re illegal, that is our North Star, “Bonta said to MSNBC’s Lawrence O’Donnell. “When the Trump administration does something unlawful, we will see him in court. He cannot break the law. He cannot violate the Constitution. He thinks he’s above the law. He’s not. He thinks he can violate the Constitution. He can’t.”

Specifically, Bonta is suing Trump for his unlawful use of the little known International Economic Emergency Powers Act (IEEPA).

Trump first invoked the act to hike tariffs of up to 25 percent to Canada and Mexico in February and March this year, purportedly to stop the national emergency of fentanyl.

But no president has ever used IEEPA since its enactment in 1977, and tariffs aren’t even mentioned as a solution in the statute. The suit claims Trump exceeded the statute’s authority.

The bigger problem is the US Constitution gives the authority to impose tariffs almost exclusively to Congress.

A president can impose tariffs but only after a lengthy process that was not followed. Trump simply used the power of the pen to impose the early set of tariffs, as well as the ones issued on so-called “Liberation Day” April 2.

In doing so, Trump violated the “separation of powers doctrine” and exceeded his authority as president, as granted by the Constitution.

Tariffs’ impact felt

Since the tariffs were announced, we’ve seen the financial markets tank with investors losing more than $6 trillion. This week we’ve heard from the Federal Reserve and others indicating the Trump imposed tariffs are more likely to raise inflation, bring the economy to recession and cost the average American family anywhere from $2,100 to more than $3,500.

So why aren’t even more people upset about them and/or doing something to stop them?

It’s just ignorance of the situation and a willingness to “Trust in Trump,” no matter what.

But when Trump says the target country pays the tariff, he’s just wrong like he was when he said Mexico would pay for the wall. In the end, the cost of the tariff is passed on to the end user or consumer.

So far, the tariffs in place include a universal 10 percent tax imposed by President Trump on virtually all imported goods, plus the “reciprocal” tax on select bad actors (which have been put on a 90-day hold to allow for negotiation).

When you add a retaliatory tariff on China that amounts to 145 percent, you have a toxic economic mix that will do harm in California, the nation’s No.1 manufacturing and ag state.

Businesses large and small, as well as consumers will be affected.

That’s why Bonta wants it all declared unlawful and void.

In conjunction, with Gavin Newsom, Bonta made the announcement in the heart of California’s Central Valley, the so-called “breadbasket of the nation.”

“Under our constitutional system, the President may not rule by fiat,” reads the suit, but that’s exactly what Trump has done with tariffs triggering a global trade war.

With law firms, media companies and individuals capitulating to Trump, it’s about time someone stood up to the bully.

Good thing it’s California and Bonta.

“We’re the first to act of any state,” said Bonta with pride. “And we need to protect our people, our families and our businesses.”

From Donald Trump’s malicious whims, for sure.

Emil Guillermo is an award-winning journalist, news analyst and stage monologuist. He writes for the Inquirer.net’s US Channel. He has written a weekly “Amok” column on Asian American issues since 1995. Find him on YouTube, patreon and substack.