Case Law, Statute Support Section 301 Appeal to SCOTUS, Lawyers Say
There’s statutory authority in 28 USC 1254, cited in recent case law, for the losing side in the Section 301 litigation to appeal the decision of the three-judge panel at the U.S. Court of International Trade directly to the Supreme…
Sign up for a free preview to unlock the rest of this article
Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.
Court without stopping first at the Court of Appeals for the Federal Circuit, several trade lawyers told us. “Technically, an appeal in the Federal Circuit needs to be filed, but before the Federal Circuit hears or even takes up the case, 28 USC 1254 allows the appellant to file a petition for certiorari to the Supreme Court,” said one attorney, typifying others. “The practical effect is that at the appellants’ option they can petition for certiorari at the Supreme Court before the Federal Circuit takes the case.” The plaintiffs’ steering committee in the Section 301 litigation ultimately “will decide on strategy regarding an appeal of any adverse decision from the CIT,” emailed Sandler Travis trade expert David Cohen Wednesday. “Way too early to make that call, but I also note the Sup Ct. only hears an extremely low percentage of cases it is requested to take on.” Cohen told a Sandler Travis webinar Tuesday his firm thinks it’s “highly likely” the losing side in the Section 301 litigation will appeal (see 2106150080).