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Trade Group, Think Tank File Supreme Court Briefs Calling Section 232 Tariffs Unconstitutional

The Cato Institute and the National Foreign Trade Council recently filed amicus briefs supporting the American Institute for International Steel’s Supreme Court challenge of the constitutionality of Section 232 tariffs on iron and steel products. In a brief filed May…

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17, Cato argues that the iron and steel tariffs themselves exceeded the authority provided in Section 232 and ignored factors considered in Section 232 actions taken in the past. The NFTC went a step further in a brief filed the same day, calling the underlying law itself the “rare sort of unbridled delegation of authority that transgresses constitutional bounds.” An agricultural exporter has also filed an amicus brief in support of AIIS, citing the harm from retaliatory tariffs (see 1905210024).