Motions Systems Corp. v. Bush

 
APPEAL NO.
04-1428
OP. BELOW
CIT
SUBJECT
Trade
AUTHOR
Per Curiam

Question(s) Presented

“Can Motion Systems challenge the President’s discretionary actions under 19 U.S.C. ยง 2451 as outside the scope of authority delegated to him by Congress?”

Holding

“The President’s actions cannot be challenged because judicial review is unavailable when a statute allegedly violated itself commits a decision to the discretion of the President. The Trade Representative’s actions cannot be challenged because they were not final.”