Morris Manning & Martin, LLP

Senators Ask High Court To Curb White House Tariff Authority

12.15.2021

Five senators have made a request to the U.S. Supreme Court, asking the high court to hear a challenge to the president's national security tariff powers, warning that a recent Federal Circuit decision removed a substantial procedural check on the White House's trade authority.

The limits of Section 232 of the Trade Expansion Act, which allows the president to restrict trade on national security grounds, have come into question. The law grants the White House broad authority to set tariffs, although importer Transpacific Steel LLC and its Turkish producers are fighting a 2018 decision to double a 25% levy on Turkish steel.

Julie Mendoza told Law360 that the company was "pleased" to see the senators supporting its bid for Supreme Court review, asserting that "Congress cannot simply turn over their tariff setting authority to the president."

Transpacific is represented by Julie Mendoza, Will Planert, Don Cameron, and Brady Mills.

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