No. 23-69

PrimeSource Building Products, Inc. v. United States, et al.

Lower Court: Federal Circuit
Docketed: 2023-07-25
Status: Denied
Type: Paid
Experienced Counsel
Tags: executive-power judicial-review legislative-power separation-of-powers standard-of-review statutory-delegation tariff-regulation trade-expansion-act
Latest Conference: 2023-10-27
Question Presented (from Petition)

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.

Question Presented (AI Summary)

Whether separation of powers principles require courts to resolve ambiguity in statutory limits on delegations of legislative power to the Executive

Docket Entries

2023-10-30
Petition DENIED.
2023-10-11
DISTRIBUTED for Conference of 10/27/2023.
2023-10-11
Reply of petitioner PrimeSource Building Products, Inc. filed. (Distributed)
2023-09-25
Brief of respondent United States in opposition filed.
2023-08-21
Letter from counsel for respondent Oman Fasteners, LLC submitted.
2023-08-01
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.
2023-07-31
Motion to extend the time to file a response from August 24, 2023 to September 25, 2023, submitted to The Clerk.
2023-07-21

Attorneys

Oman Fasteners, LLC
Michael Robert HustonPerkins Coie LLP, Respondent
PrimeSource Building Products, Inc.
Kevin K. RussellGoldstein, Russell & Woofter LLC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent