Steel importers' legal challenge to Trump tariffs, as discussed by Devin Sikes for Bloomberg Law

In a recent development, the American Institute for International Steel (AIIS) has announced that it will present its case challenging the Trump administration's tariffs on steel before the Federal Circuit. This move comes after the U.S. Supreme Court declined to hear an expedited challenge to the 25 percent tariffs on steel on June 24.

The tariffs in question were imposed under Section 232 of the Trade Expansion Act, a provision that has been upheld as constitutional in the 1976 Supreme Court decision Federal Energy Administration v. Algonquin SNG Inc. Devin Sikes, a partner at Gump International Trade Counsel, noted that the AIIS will try to differentiate its case from the 1976 decision, but did not elaborate on the specifics.

Sikes also mentioned the impact of the 1976 Supreme Court decision on the steel case, but did not provide new information. He noted that the Court historically has deferred to executive branches determination on national security matters, a point that has been a key argument in favour of the tariffs. However, he also pointed out that some Justices have shown themselves less inclined to be bound by precedent.

The Court's June 20 ruling in Gundy v. United States showed an interest by several Justices in revisiting the nondelegation doctrine, a legal principle that limits the ability of Congress to delegate its legislative power to the executive branch. Sikes noted that the steel case could be a good vehicle for the Court to revive the nondelegation doctrine.

The challenges to the tariffs are ongoing, with steel users continuing to voice their concerns about the impact of the tariffs on their businesses. According to Sikes, the justices have been very reluctant to grant review in the absence of an appeals court decision.

The article discusses these court challenges to the Trump administration's tariffs on steel, with quotes from Gump International Trade Counsel, which was quoted by Bloomberg Law in the article "Steel Group's Tariff Fight Goes on After High Court Setback." The identity of the head of Gump International Trade Counsel quoted in the article was not provided.