American Institute for International Steel v. United States

APPEAL NO.
19-1727
OP. BELOW
CIT
SUBJECT
Trade
AUTHOR
TARANTO

Issue(s) Presented

1. “Did the Court of International Trade erroneously conclude that Algonquin controls the outcome of this action?” 2. “Is Section 232 facially unconstitutional on the ground that it does not impose any boundaries or limits on the President’s powers under it and therefore constitutes an improper delegation of legislative authority and violates the principles of separation of powers established by the Constitution?”

Holding

“The Court of International Trade . . . [concluded that Section 232] is controlled by the portion of the Supreme Court’s Algonquin decision that declares section 232 not to violate the nondelegation doctrine. We agree, and we therefore affirm”