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CIT hands down major decison saying issue of whether 232 tariffs on steel/alum are constitutional was already decided in 1976 Supreme Court case (Algonquin). Court says "By committing the determinations of whether to concur with the Secretary and what remedial action to take, if
any, to the judgment of the President, Congress precluded an inquiry for rationality, fact finding, or abuse of discretion." Means cannot challenge 232 decisions for lack of facts or abuse of discretion (plenty of that in these cases). Can only challenge constitutionality or
action beyond statute. CIT refused to depart from 1976 case that said 232 was constitutional. Katzmann dissent notes "section 232 . . .provides virtually unbridled discretion to the President with respect to the power over trade that is reserved by the Constitution to Congress."
Hope Congress will take note and take back some of that unbridled discretion. And will have to see if Katzmann views encourages appeal of decision. cit.uscourts.gov/sites/cit/file…
