PrimeSource Building Products, Inc. v. United States

 
DOCKET NO.
OP. BELOW
SUBJECT
Trade

Question(s) Presented

1. “Whether separation of powers principles require courts to resolve ambiguity in statutory limits on delegations of vast legislative power to the Executive in a way that constrains the delegation or, as the Federal Circuit holds, courts must uphold the President’s actions absent ‘a clear misconstruction of the governing statute.’”

2. “Whether, under the proper standard of review, the Trade Expansion Act of 1968 permitted the President to impose tariffs on steel derivatives without complying with the statute’s procedural prerequisites.”

Date
Proceedings and Orders
August 1, 2023
Motion to extend the time to file a response is granted and the time is extended to and including September 25, 2023, for all respondents.
October 11, 2023
DISTRIBUTED for Conference of 10/27/2023.
October 30, 2023
Petition DENIED.