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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Several Senators Support President’s Decision to Move on KORUS FTA
July 21, 2010 by Cindy Arevalo|Congress

On July 20, 2010, Senate Foreign Relations Committee Chairman Kerry (D), East Asia and Pacific Affairs Subcommittee Chairman Webb (D), Senators Lieberman (ID), Lincoln (D), Begich (D), along with five other Democratic senators, endorsed the President’s call for a prompt resolution of outstanding issues to the U.S.-Korea Free Trade Agreement (KORUS FTA). In a letter to President Obama, the senators argue that it is in the economic and security interests of the U.S. to move forward on the KORUS FTA.

House Passes Bill to Authorize DHS Science and Technology Appropriations
July 21, 2010 by Cindy Arevalo|Congress

On July 20, 2010, the House agreed to suspend the rules and pass the Homeland Security Science and Technology Authorization Act of 2010 (H.R. 4842) as amended, to authorize appropriations for the Directorate of Science and Technology of the Department of Homeland Security for fiscal years 2011 and 2012.

House Scheduled to Consider Miscellaneous Trade Bill on July 21
July 21, 2010 by Cindy Arevalo|Congress

According to the House Majority Leader's office, on July 21, 2010, the House of Representatives will consider H.R. 4380, the Miscellaneous Trade and Technical Corrections Act of 20091, under a supsension of the rules (which requires a 2/3 vote to pass).

Senators Say ITC Report Reaffirms Need for Small Business Committee Initiatives
July 20, 2010 by Cindy Arevalo|Congress

On July 19, 2010, Senators Landrieu (D) and Snowe (R), Chair and Ranking Member of the Senate Committee on Small Business and Entrepreneurship, commented on an ITC report stating that U.S. small and medium-sized enterprises (SMEs) export less than European SMEs. According to the Senators, the ITC’s report re-affirms the need to pass the Committee’s initiatives to improve trade programs for small exporters.