California Gov. Gavin Newsom (D) is fuming over Congress's recent decision to repeal his state's electric vehicle (EV) mandate. 

Breitbart News reports that Newsom is now even going to try to take Senate Republicans to court.

We'll have to see how that works out for him.

Before we get to that, though, let's take a look at how we got to this point.

Background

This all has to do with a ban that Newsom placed on gas-powered cars in 2020. Over the next two years, California finalized rules that would ban most gas-powered cars by 2035.

More recently, Congress took aim at Newsom's regulation. Breitbart separately reported:

The [Congressional Review Act] CRA, which was signed by President Bill Clinton, allows Congress to repeal regulations not submitted to it for approval within a set time frame. It was largely unused until 2017, when Republicans took Democrats by surprise and used the CRA to overturn rules that President Barack Obama had rushed to promulgate before leaving office.

Republicans in Congress recently used the CRA to repeal Newsom's regulation.

The effort passed the U.S. Senate by a vote of 51-44, and the effort passed the U.S. House of Representatives by a bipartisan majority, with 35 Democrats joining their Republican colleagues.

This, clearly, was a huge blow to Newsom and California progressives.

The latest

Now, Newsom is vowing to take Congressional Republicans to court, arguing that they misapplied the CRA.

In a press release, he wrote:

Governor Gavin Newsom and Attorney General Rob Bonta announced today the state will file a lawsuit as Republicans in the U.S. Senate target California’s clean vehicles program – a move that will “Make America Smoggy Again.”

The press release continues:

The Republican-controlled Senate is illegally using the Congressional Review Act (CRA) to attempt to revoke California’s Clean Air Act waivers, which authorize California’s clean cars and trucks program. This defies decades of precedent of these waivers not being subject to the CRA, and contradicts the non-partisan Government Accountability Office and Senate Parliamentarian, who both ruled that the CRA’s short-circuited process does not apply to the waivers.

The big question is whether Newsom, legally speaking, is right about all of this. This will ultimately be left up to the courts to decide.

Legal commentators, however, are suggesting that it might be an uphill road for Newsom, considering that neither the voters of California nor the voters of America ever voted to approve Newsom's ban on gas-powered cars.