CIT May See More High-Profile Constitutional Issues in 2019, Crowell & Moring Lawyer Says

The Court of International Trade could be a venue for at least two more big cases involving constitutional implications this year, Crowell & Moring lawyer Daniel Cannistra said in the firm's litigation forecast for 2019. The next challenge may involve the Section 301 tariffs and whether a president "can unilaterally rewrite the tariff schedule for the purpose of negotiating trade agreements," Cannistra said. "The other constitutional issues that appear to be on the CIT’s horizon include the new United States-Mexico-Canada Agreement, which is sure to contain questions concerning executive authority over trade." The CIT is currently considering the constitutionality of the Section 232 tariffs on steel and aluminum (see 1812190044), and that case is "likely to be resolved in 2019," Cannistra said. According to Cannistra, "the consequences of these decisions will be profound. For example, if the CIT upholds one of these administration trade policies, what will it mean to a company’s global supply chain? Will production need to be relocated from one country to another? These shifts are not made overnight; the court’s decisions will affect companies for years."