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Transpacific Steel LLC v. United States

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Petition for certiorari denied on March 28, 2022
Docket No. Op. Below Argument Opinion Vote Author Term
21-721 Fed. Cir. N/A N/A N/A N/A OT 2021

Issues: (1) Whether the president acted outside of the scope of the statutory authority Congress granted under Section 232 of the Trade Expansion Act of 1962 by doubling the tariff on steel imports from Turkey after the expiration of the statutory periods for presidential action specified in Section 232(c)(1); and (2) whether Section 232, as construed by the U.S. Court of Appeals for the Federal Circuit majority in this case to eliminate mandatory deadlines for presidential action, is inconsistent with the Supreme Court’s ruling in Federal Energy Administration v. Algonquin SNG, Inc. and is therefore an unconstitutional delegation of legislative power to the president in violation of Article I, section 8 of the Constitution and the principle of separation of powers because it cedes to the president the virtually unbounded power to tax and otherwise regulate imports.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Nov 12 2021Petition for a writ of certiorari filed. (Response due December 16, 2021)
Nov 22 2021Motion to extend the time to file a response from December 16, 2021 to January 17, 2022, submitted to The Clerk.
Nov 23 2021Motion to extend the time to file a response is granted and the time is extended to and including January 18, 2022, for all respondents.
Dec 15 2021Brief amici curiae of Members of the United States Senate filed.
Dec 16 2021Brief amici curiae of Oman Fasteners, LLC and Koki Holdings America, Ltd. filed.
Jan 03 2022Motion to extend the time to file a response from January 18, 2022 to February 17, 2022, submitted to The Clerk.
Jan 04 2022Motion to extend the time to file a response is granted and the time is further extended to and including February 17, 2022, for all respondents.
Feb 17 2022Brief of respondents United States, et al. in opposition filed.
Mar 03 2022Reply of petitioners Transpacific Steel LLC, et al. filed.
Mar 09 2022DISTRIBUTED for Conference of 3/25/2022.
Mar 28 2022Petition DENIED.