Bloomberg Law Quotes Devin Sikes on Steel Importers’ Use of Nondelegation Principle in Challenge to Trump Tariffs
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Akin Gump international trade counsel Devin Sikes has been quoted by Bloomberg Law in its article “Steel Users Back to Court in Renewed Bid Challenging Tariff Law,” on a renewed legal challenge by the American Institute for International Steel (AIIS) to the law used by the Trump administration to impose tariffs on steel.
Armed now with the principle of nondelegation, which prohibits Congress from delegating its legislative power to other branches of government and which several U.S. Supreme Court Justices recently showed an interest in revisiting after decades of disuse, the steel group is again pursuing this matter in the Federal Circuit after the Supreme Court refused its request for expedited review, according to the article.
Sikes noted that the Supreme Court’s recent decision in Gundy v. United States is the most recent instance of the Justices articulating views in a nondelegation challenge. However, Gundy did not change the Court’s decision in Federal Energy Administration v. Algonquin SNG Inc., which upheld the Trade Expansion Act, the law used by Trump in imposing his tariffs. Sikes noted that this will “be a hurdle” for the AIIS.
