No. 19-1177

American Institute for International Steel, Inc., et al. v. United States, et al.

Lower Court: Federal Circuit
Docketed: 2020-03-27
Status: Denied
Type: Paid
Amici (3) Experienced Counsel
Tags: article-1-section-1 article-i-section-1 constitutional-challenge delegation-of-power federal-energy-administration-v-algonquin-sng legislative-authority nondelegation-doctrine presidential-discretion presidential-powers section-232 separation-of-powers tariff-imposition tariffs trade-expansion-act trade-expansion-act-of-1962
Latest Conference: 2020-06-18
Question Presented (from Petition)

Is section 232 facially unconstitutional on the ground that it lacks any boundaries that confine the President's discretion to impose tariffs on imported goods and, therefore, constitutes an improper delegation of legislative authority and a violation of the principle of separation of powers established by the Constitution?

Question Presented (AI Summary)

Is section 232 facially unconstitutional on the ground that it lacks any boundaries that confine the President's discretion to impose tariffs on imported goods and, therefore, constitutes an improper delegation of legislative authority and a violation of the principle of separation of powers established by the Constitution?

Docket Entries

2020-06-22
Petition DENIED.
2020-06-02
DISTRIBUTED for Conference of 6/18/2020.
2020-05-29
Reply of petitioners American Institute for International Steel, et al. filed. (Distributed)
2020-05-26
Brief of respondents United States, et al. in opposition filed.
2020-04-27
Brief amicus curiae of The Cato Institute filed.
2020-04-27
Brief amicus curiae of New Civil Liberties Alliance filed.
2020-04-24
Brief amicus curiae of Basrai Farms filed.
2020-04-11
Blanket Consent filed by Petitioner, American Institute for International Steel, et al.
2020-04-02
Motion to extend the time to file a response from April 27, 2020 to May 26, 2020, submitted to The Clerk.
2020-04-02
Motion to extend the time to file a response is granted and the time is extended to and including May 26, 2020, for all respondents.
2020-03-25
Petition for a writ of certiorari filed. (Response due April 27, 2020)

Attorneys

American Institute for International Steel, et al.
Alan B. MorrisonGeorge Washington Law School, Petitioner
Basrai Farms
Jeffrey Sheldon GrimsonMowry & Grimson, PLLC, Amicus
New Civil Liberties Alliance
Richard A. SampNew Civil Liberties Aliance, Amicus
The Cato Institute
Ilya ShapiroCato Institute, Amicus
United States, et al.
Noel J. FranciscoSolicitor General, Respondent