AIIS Sees Grounds for Appeal in CIT Ruling

The decision by the U.S. Court of International Trade to deny the American Institute for International Steel’s motion for summary judgment on its constitutional challenge to Section 232 has not deterred AIIS from further action.

Said AIIS President Richard Chriss: “We are heartened that the Court of International Trade recognized that Section 232, in the court’s words, ‘seem[s] to invite the President to regulate commerce by way of means reserved for Congress.’ Unfortunately, the court also found that a 1976 Supreme Court decision foreclosed closer review of the merits of our constitutional claim by the CIT itself. But we remain convinced that, as one of the judges wrote today in a separate opinion, ‘it is difficult to escape the conclusion that the statute has permitted the transfer of power to the President in violation of the separation of powers.’ We are appealing immediately in order to continue making that argument.”