They sorta have to agree (because of sovereign immunity). But there are laws like the Tucker Act and the Administrative Procedure Act that already (probably) pave the way for this lawsuit. Additionally, if the government is acting outside statutory authority (ultra vires), sovereign immunity doesn’t protect the same way.
Also, this would almost certainly be heard in the U.S. Court of International Trade, which deals with tariffs and the like, and has its own rules and such. So… it’s complicated?
It’s happened in the past, but believe the government has to agree to be sued.
They sorta have to agree (because of sovereign immunity). But there are laws like the Tucker Act and the Administrative Procedure Act that already (probably) pave the way for this lawsuit. Additionally, if the government is acting outside statutory authority (ultra vires), sovereign immunity doesn’t protect the same way.
Also, this would almost certainly be heard in the U.S. Court of International Trade, which deals with tariffs and the like, and has its own rules and such. So… it’s complicated?