Trump victorious in court case against steel tariffs
S E E D E D C O N T E N T
The U.S. Court of International Trade on Monday upheld the constitutionality of President Donald Trump’s use of a law that he used to impose significant tariffs on imports of steel and aluminum tariffs for national security reasons.
A group of steel importers challenged the tariffs, arguing that Section 232 of the Trade Expansion Act of 1962 violates a constitutional prohibition against transfer of powers. The group said the Constitution does not allow Congress to delegate its powers to the president without any “intelligible principle,“ or a set of clear standards to limit the president’s power.
The plaintiffs said Section 232 was far too open-ended and allowed the president to make a decision without any check from Congress or a requirement for judicial review. Trump has made broad use of the previously little-used statue, and is currently deciding whether to impose tariffs on auto imports for national security reasons.
The case was filed by the American Institute for International Steel and two of its member companies: Texas-based Sim-Tex, a wholesaler of oil and gas pipe, and Kurt Orban Partners, an international steel trader based in California.
But a panel of three judges of the court, which is based in New York, concluded in a ruling issued Monday that a 1976 case heard at the Supreme Court — Algonquin SNG Inc. v. Federal Energy Administration — had already decided that Section 232 met the intelligible principle standard.
The plaintiffs tried to argue that the they were not constrained by the previous Supreme Court ruling because it applied to a specific remedy rather than the underlying law. However, the judges said that argument was unpersuasive because the ruling addressed the delegation issue.
Judge Gary Katzmann agreed with the overall ruling but still raised questions over whether it was prudent to abide by a decades-old Supreme Court decision. He said it was difficult to avoid a conclusion that found the law has permitted a transfer of power to the president that violates the separation of powers.
“If the delegation permitted by Section 232, as now revealed, does not constitute excessive delegation in violation of the Constitution, what would?“ he asked.
Alan Morrison, a George Washington University professor who is representing steel importers in their case against Trump, said earlier this month that no matter how the court ruled, the decision will be appealed and probably end up before the Supreme Court.
U.S. steel producers supportive of the tariffs lauded the decision.
“This lawsuit was theater by the importers, designed to divert from the real issue which is that unfairly traded foreign imports had a disastrous impact on the steel industry, creating a real threat to our national and economic security,” said Thomas Gibson, president and CEO of the American Iron and Steel Institute.
By ADAM BEHSUDI
03/25/2019 01:52 PM EDT
Article is LOCKED by author/seeder
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Another promise fulfilled on another issue politicians have avoided
How so? It said it will be appealed and probably go to the SC.
So what? Appeals are allowed.
Then if it is appealed, I would say it is a little early to celebrate this boondoggle.
You mean, wait until someone appeals before acknowledging the Court's ruling? That seems a little illogical don't you think? Are you upset by the title, maybe?
I am not the one saying another promise fulfilled when this is not even over.
What I said, it is to early for a conclusion.
In a way I hope he wins. All of these things trump is doing can now be used by the next Dem president, much to the dismay of those on the right.
Why? Who has appealed the decision?
All of these things trump is doing can now be used by the next Dem president
We should all live so long
Your own seed says this.
So your justification for allowing trump to do these things is that there will never be another Dem president?
Things change. And when they do, I can hear the screaming now from those on the right.
What's good for the goose...gander...thing.
It only says that appeals are expected. You are acting as if there is one. I assume to deny Trump ANOTHER victory.
So your justification for allowing trump to do these things is that there will never be another Dem president?
My justification for Trump to fight for FAIR trade is simply that!
Things change. And when they do, I can hear the screaming now from those on the right.
Yes, they do and there is a great deal of change going on now and some don't like it
And you are acting like there won't be an appeal.
Have you read my or EG's links? This so called fair trade scheme has its own consequences.
Several companies are seeing their profits skyrocket when the jobs impact is minimal.
Also with over 300 companies getting an exemption from the tariffs, what is the point?
Right now we have a ruling and no appeal. That's where we are.
Have you read my or EG's links? This so called fair trade scheme has its own consequences.
That may be true for the short term.
Several companies are seeing their profits skyrocket when the jobs impact is minimal.
And you don't like US companies making profits?
Also with over 300 companies getting an exemption from the tariffs, what is the point?
Trade with the US will have to benefits for the US
Not just the short term. Even long term they are not optimistic.
What I don't like is the president picking and choosing companies that will make a profit or benefit.
The owners of these companies are seeing their profit go up on the backs of others via paying for it themselves.
Consumers are paying for a select few to profit, forced by the president.
So I am wrong saying that there will be an appeal because of where we are now but you are right with guessing that we will be better off later on down the line.
So the here and now is only applicable for what one wants to believe...
That was picking a company to succeed and it didn't work.
Did you applaud the auto bailouts?
I am going to say it again, right now there is a ruling and no appeal. That is a Trump victory. Down the line, we will be better off if we demand fairness in all of our trade deals. Protection of industries and jobs are preferable to the lower prices gained via globalism. Steel happens to be a key industry. I refer you to Harry Truman.
I also wonder how you felt with those "rulings" on the Travel Ban which were appealed? Were you telling others that they weren't victories, we got to wait for the appeal? You do know that in the short term they were victories. They prevented the President from restricting travel until the long appeals process finally led the SCOTUS to overturn those political rulings.
And again, right now there is no trade deal. So I cannot say there will be an appeal, even when they say they will, yet you can call the tariff war a victory when there is none.
If this is so critical, why are over 300 companies getting an exemption and can buy steel over seas?
Seems to be counter productive. Why should China or any other country take these threats with any grain of salt when the administration allows companies to purchase anyway.
What is the criteria that a company needs for an exemption...
Because Trump can keep imposing more tariffs on China. They stand to loose billions. Last year there was a $419 billion imbalance. The more tariffs, the more they loose.
China has its fingers all over the world.
So trump imposes a tariff and lets companies get an exemption from said tariffs and the excuse is, he can impose more?
The more tariffs he imposes, guess who pays. You and I.
Believe me, trump can victimize himself. The blind just do not want to see.
You want low prices and damn those who work in whole sectors. Are you in Tech?
Everyone wants low prices and cheap crap.
I don't think people will be happy paying a lot more for a flat screen tv.
Not the way trump the rump does it. He's doing nothing but costing manufactures millions. But then that doesn't mean anything to trumpetts
if the globalists had their way we would have been buying cheap steel from china.
and that would have made us chinas bitches...
a country that can not defend itself without buying steel from a potential enemy,
is well and truly fuked.
the shutdown of our industry was the shutdown of our superpower status.
thank god trump put a stop to the wholesale destruction of our country.
cheers
That's exactly where we were at, until somebody with guts took on a stacked deck!
they call him trump. donald trump.
the orange man descended from his golden tower to kick leftwing butt...
and it has been awesome
after 2 solid yrs of fake news...
for the next 2 yrs obamas admin will be on the chopping block
starting with comey and lynch
it already is... do try to keep up.
nothing can stop it and no one just walks away.
the following words will become more common every day for the next 2 yrs
enjoy
You don't even know what a globalist is.
Flagged
What trump will do every week until he's leashed
Nice to have a President that fights for America's interest.
He doesn't he is actually killing companies
So does this mean that steel workers are going back to work....making real steel and not just recycled steel?
Eventually.
No, it really doesn't and it just goes to show that these guys don't really give a fuck about ordinary, blue-collar working men
Like you're really worried about them
And who was "Responsible" for all those U.S. steel companies going bust again ?
I for sure know....with out any doubt...… It Wasn't because of Trump.
Are you NOW looking to "Trump" to fix those wrongs...but he isn't going fast enough for you ?
So much for the free market capitalists.
If this isn't interfering in the market, I don't know what is.
Bold emphasis mine.
His Administration has also issued hundreds of companies exemptions.
Source - Indianapolis Business Journal - Feb 18, 2019
It is all a scam that is enriching certain companies and people.