Trade Cases
March 1, 2020
Appeals Court Upholds Constitutionality of Section 232
Written by Tim Triplett
The American Institute for International Steel suffered another setback in its constitutional challenge of the Trump administration’s use of Section 232 tariffs to restrict steel and aluminum imports on the basis of national security.
In a ruling on Friday, the U.S. Court of Appeals rejected the claim by AIIS that the “non-delegation doctrine” makes it unconstitutional for Congress to delegate its legislative powers to another federal agency in this manner. The case will likely be appealed to the Supreme Court, although AIIS has not yet responded to SMU’s request for comment. AIIS members include foreign steelmakers.
