Open / Close Advertisement

Supreme Court Passes on Section 232 Challenge 

The challenge was brought by the American Institute for International Steel trade association. The association, which represents steel importers, argued that the tariffs are unconstitutional because the law that allows for them wrongly delegates legislative power to the president. 

The association said it is disappointed in the decision. 

“From the beginning of our challenge to the presidential tariff-making at the heart of this case, we have been guided by one principle: we speak out when the cause is right and the livelihoods of our members and steel supply chain colleagues are harmed.

“Even though the Supreme Court did not today agree to accept our petition, our cause is still right,” it said. 

“Now it is up to Congress to place limits on presidential decision-making.” 

However, the Steel Manufacturers Association (SMA) said the Supreme Court arrived at the correct decision. 

“This decision affirms two things. First, unfairly traded steel continues to plague domestic markets. Second, the president has broad constitutional authority to act when import surges threaten our country’s economic prosperity and national security,” said SMA president Philip K. Bell.  

The SMA has long held that the President acted in accordance with the law and that 232 steel import tariffs are necessary and working. The SMA filed two amicus briefs in support of the administration and has lobbied for the continuation of Section 232 tariffs.