AIIS Seeks Supreme Court Ruling on Section 232

The American Institute for International Steel is asking the Supreme Court to hear its challenge to the constitutionality of Section 232 following the loss of two appeals in the lower courts.

“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,’” said AIIS President Richard Chriss. “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.”