Economic Powers & Government Ownership

Tariffs

Dec. 2 - Costco filed a complaint on Friday against the Trump administration in the Court of International Trade seeking relief from the impending liquidations of IEEPA tariffs “to ensure that its right to a complete refund is not jeopardized.” (Complaint.) (WSJ.)
Nov. 6 - Following oral argument at the Supreme Court yesterday, numerous news outlets reported that a majority of justices had expressed skepticism that President Trump has unilateral authority to impose sweeping tariffs without congressional approval under the International Economic Emergency Powers Act of 1977. (NYT.) (WaPo.) (WSJ.) Jack Goldsmith discussed the arguments with John Guida, noting that key justices posed hard questions to each side, and it still wasn’t clear where they would land—though the major questions doctrine could play a critical role in their decision. (NYT.) Josh Blackman wrote that while the case is close, he believes that ultimately the tariffs will be upheld. (Volokh Conspiracy.)

Nov. 25 - The New York Times reports that the Trump administration has committed more than $10 billion in taxpayer funds to acquire minority ownership stakes, or the option to take them, in at least nine private companies in strategic sectors including steel, minerals, nuclear energy, and semiconductors. (NYT.)