On March 25th the U.S. Court of International Trade released its opinion rejecting the challenge of the American Institute for International Steel Inc. (AIIS) vs. United States that alleged the enforcement of the President’s tariffs on certain steel imports under Section 232 was an improper delegation of legislative authority in violation of the Constitution. The US Court of International Trade found it was bound by precedent and as such, found in favor of the United States in the delegation of such authority.
AIIS not only immediately filed a notice of appeal with the Court of Appeal for the Federal Circuit, but also filed papers requesting that the U.S. Supreme Court allow them to bypass the Appeals Court. AIIS notes in their request it would be a waste of resources to go through the year-long process knowing the Appeals Court is bound by the same precedent. They also argued that the matter is urgent as the President is considering launching another round of Section 232 tariffs on imported automobiles.
It is rare for the Supreme Court to honor such a request and it will take four out of nine Justices to agree to hear the case for it to proceed.