Government Opposes Direct Appeal of Section 232 Constitutional Challenge to Supreme Court
The Supreme Court should decline to take up a constitutional challenge of Section 232 tariffs on iron and steel products, the U.S. government said in a brief filed May 28 with the court. “Algonquin,” the 1976 Supreme Court decision upholding…
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Section 232 that the Court of International Trade cited as precedent when it ruled against the challenge (see 1903250032), “was correctly decided, and it is consistent with this Court’s more recent nondelegation precedents,” the government said. “In any event, certiorari before judgment is an exceptional procedure, and petitioners identify no sound reason for this Court to deviate from its usual practice of deferring any review until after the court of appeals has issued its decision,” it said. The American Institute for International Steel, which brought the lawsuit, has appealed directly to the Supreme Court, in a bid to skip the usual route through the U.S. Court of Appeals for the Federal Circuit (see 1904160027). The group waived its right to reply to the government’s brief in a May 29 filing.