Loper Bright Enterprises v. Raimondo, the Supreme Court eliminated the judicial practice of deferring to federal agencies' interpretations of ambiguous statutes. The decision stands as a watershed moment in administrative law, handing much more power to the judiciary where it is asked to review agency decisions. Trade law is not exempt from the ruling, with judges at the Court of International Trade and Court of Appeals for the Federal Circuit increasingly being asked to interpret the relevant statutes, taking discretion away from the Commerce Department and CBP.  

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Statutory Interpretation

In Loper Bright Enterprises v. Raimondo, the Supreme Court eliminated the judicial practice of deferring to federal agencies' interpretations of ambiguous statutes. The decision stands as a watershed moment in administrative law, handing much more power to the judiciary where it is asked to review agency decisions. Trade law is not exempt from the ruling, with judges at the Court of International Trade and Court of Appeals for the Federal Circuit increasingly being asked to interpret the relevant statutes, taking discretion away from the Commerce Department and CBP.  

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Senator Warns that Legislation is Needed for China Currency Issue
May 10, 2011 by Cindy Arevalo|Congress

Senator Brown (D) issued a statement urging the Administration to press China to curb currency manipulation during the May 9-10, 2011 U.S.-China Strategic & Economic Dialogue (S&ED). However, Senator Brown insists that legislation will be the mechanism to force real China currency change. According to Senator Brown, China's unfair currency manipulation has gone on for far too long and legislation is needed. (Senator Brown is the sponsor of the Currency Reform for Fair Trade Act (S. 328), bipartisan legislation that would crack down on Chinese currency manipulation. See ITT's Online Archives or 02/11/11 news, 11021083, for BP summary of S. 328)

Representatives Asks President to Fully Implement Sanctions Laws Targeting Syria
May 9, 2011 by Cindy Arevalo|Congress

On May 5, 2011, Representative Ros-Lehtinen (R), Chairman of the House Foreign Affairs Committee, and Representative Engel (D), a Senior Member on the Committee, sent a letter to the President asking him to fully implement U.S. sanctions laws targeting Syria and to step up support for democracy promotion in Syria. (Ros-Lehtinen and Engel authored the Syria Accountability and Lebanese Sovereignty Restoration Act of 2003 (P.L. 108-175), which sought to mandate sanctions against Syria for its threatening activities.)

House Dem Trade Leaders Criticize TAA Lapse and Denial of Benefits
May 9, 2011 by Cindy Arevalo|Congress

On May 6, 2011, House Ways and Means Ranking Member Levin (D) and Trade Subcommittee Ranking Member McDermott (D) issued a joint statement after the Department of Labor denied requests for Trade Adjustment Assistance (TAA) from three groups of workers -- from Alabama, Ohio and Pennsylvania -- due to the fact that they were service workers and no longer eligible for assistance. These were the first denials that resulted from the February 12, 2011 expiration of the expanded TAA program.

DHS Tells Senate Committee it Ordered CBP to Devise New Border Security Metrics
May 9, 2011 by Cindy Arevalo|Congress

At a Senate Homeland Security and Governmental Affairs Committee hearing on May 4, 2011, Department of Homeland Security (DHS) Secretary Napolitano announced that, based on previous questions from the Committee, she had ordered Customs and Border Protection (CBP) to devise new border security metrics. See future issue of ITT for additional details from this hearing.

Minority Parties in Congress Discuss Their Trade-Related "Jobs" Agendas
May 6, 2011 by Cindy Arevalo|Congress

On May 4, 2011, the minority parties of both the House and Senate announced/relaunched their own “jobs” agendas. House Democrats relaunched their “Make it in America” agenda and noted that they have introduced numerous trade-related “jobs” bills in the 112th Congress, including legislation to address currency manipulation (H.R. 639), address concerns about rare earth minerals (H.R. 618, 952, and 1314), and give preference to U.S.-made goods and services (H.R. 1684, 679, and 1344). In addition, Senate Republicans announced their “jobs” plan, which includes only a few trade-related goals, such as ratification of the pending free trade agreements with Korea, Panama, and Colombia and renewal of the President's Trade Promotion Authority (aka fast track).