Chinese telecom giant Huawei filed a lawsuit against the U.S. government, claiming the National Defense Authorization Act banning the installation of their hardware in federal defense systems is unconstitutional.

The lawsuit complaint states:

Plaintiffs Huawei Technologies USA, Inc., and Huawei Technologies Co., Ltd. (collectively, “Plaintiffs” or “Huawei”), by and through their attorneys, bring this action under the United States Constitution and 28 U.S.C. §§1331, 2201, and 2202, seeking a declaration that – 2 – pertinent provisions of section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (“NDAA” or “2019 NDAA”), that define certain equipment and services produced or provided by Huawei Technologies Co., Ltd. and its subsidiaries and affiliates as “covered telecommunications equipment or services,” id. §889(f)(3)(A), (C), and consequently restrict the procurement and use of such equipment by executive agencies, federal government contractors, and federal loan and grant recipients, id. §889(a)-(b), are unconstitutional. Plaintiffs also seek an injunction and any other appropriate relief.”

It should be noted here that in China, there’s not a true separation between government and commercial enterprise. Political power in China is centralized under the Communist Party, and Chinese corporations all nominally answer to this structure.