Direct Supreme Court Appeal Would Be 'Distraction' in Section 232 Challenge, AIIS Lawyer Says
An appeal of the Court of International Trade’s recent decision finding Section 232 duties constitutional will be filed at the U.S. Court of Appeals for the Federal Circuit to avoid any distraction caused by the government’s likely opposition to a…
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direct appeal to the Supreme Court, said Alan Morrison, a George Washington University law professor and the American Institute for International Steel’s lead counsel in the case. A three-judge CIT panel on March 25 ruled against the trade group and a pair of steel importers in their challenge to the Section 232 tariffs imposed in 2018 on iron and steel, finding itself bound by four-decade-old precedent that held Section 232 duties are not an excessive delegation of power (see 1903250032). “We think that a direct appeal to the Supreme Court is possible, but it would [be] opposed by the Government and therefore be a distraction,” Morrison said. The AIIS initially requested the three-judge panel because it would allow a direct Supreme Court appeal (see 1806270036).