Federal Circuit Affirms Constitutionality of Section 232 Tariffs on Appeal
The Court of Appeals for the Federal Circuit on Feb. 28 ruled that Section 232 tariffs are constitutional, finding itself bound by Supreme Court precedent set in the 1970s. Just as the Court of International Trade ruled in March 2019…
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in a lawsuit filed by the American Institute of International Steel, the Federal Circuit said it could not overturn the Supreme Court’s 1976 ruling, which found Section 232 to be a constitutional delegation of authority. The CAFC affirmed the CIT's decision “without deciding what ruling on the constitutional challenge would be proper in the absence of” the Supreme Court precedent.