Steel News

Supreme Court Won’t Hear Section 232 Challenge ... Yet

6/24/2019 - The U.S. Supreme Court has declined to immediately hear a challenge to President Donald Trump’s Section 232 steel and aluminum tariffs, ending a trade association’s effort to fast-track the case, but not the case itself. 

According to the Associated Press, the court did not elaborate on its decision, which, for the time being, lets stand a ruling from the U.S Court of International Trade. That court earlier this year upheld the president’s authority to impose the tariffs.

The American Institute for International Steel, which is opposing the tariffs, had hoped to bypass an appeals court and take the matter directly to the Supreme Court. That hope ended Monday, but the case will proceed in the U.S. Court of Appeals for Federal Circuit, the institute said. 

It said it is disappointed by the decision, but not surprised.  

“It is rare for the Supreme Court to agree to hear a case before a ruling by the Court of Appeals,” it said in a statement. “We continue to believe that we have a strong legal case that Section 232 is unconstitutional. Once the Federal Circuit has spoken, we expect that the losing party will ask the Supreme Court to review that decision.” 

On the other side of the coin, the Steel Manufacturers Association on Monday said it is encouraged by the decision, noting that the president historically has had wide-ranging authority over trade and national security issues. 

SMA president Philip K. Bell also said the tariffs are having their intended effect. 

“Currently, 232 national security measures have led to increased capacity utilization, industry job growth and additional investment announcements by steel producers throughout the United States,” he said. 

“President Trump imposed steel tariffs as a straightforward and effective measure countering against unfairly and illegally traded steel imports. Unfortunately, these imports continue to find their way to American soil,” he added.