Bloomberg Law Quotes Devin Sikes on Presidential Use of Section 232 of Trade Expansion Act

May 28, 2019

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Bloomberg Law has quoted Akin Gump international trade counsel Devin Sikes in the article “Sex Offender Case Eyed for Clues in High Court Tariff Challenge.” The story reports that a pending Supreme Court ruling on a sex offender law could indicate how the justices will approach a steel tariff case that is on appeal.

The two cases, the article notes, both involve claims based on a legal doctrine that bars Congress from delegating legislative power to the executive branch without a guiding principle. A ruling that uses the non-delegation doctrine to void the sex offender statute, the article reports, could signal a willingness to apply it in other settings.

“It’s a big deal,” said Sikes. Many industries, including those targeted by pending Trade Expansion Act Section 232 probes, are watching the case.

The justices have not yet indicated whether they will review the constitutional challenge to the steel tariffs brought by the American Institute for International Steel (AIIS), a trade association of steel users supporting free trade. The article reports that the AIIS asked for Supreme Court review without waiting for the Federal Circuit rule on it.

Sikes said if AIIS doesn’t win, other challenges to Section 232 are possible with some already in the pipeline.

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