New Challenge to Trump’s National Security Tariffs and Executive Power

I have a new piece at Lawfare on why, if the latest efforts to fight Trump’s steel tariffs are successful, they may come at the expense of the New Deal. Teaser:

Unlike the Severstal steel importers case, AIIS is tackling Section 232 head-on; rather than challenging the president’s action pursuant to the statute, AIIS challenges the constitutionality of Congress’s delegation. If the plaintiffs are successful, they may upend more than 60 years of congressional deference to the executive on matters of national economic security. It would be the first time since the early New Deal era that courts ruled that Congress went too far in delegating its lawmaking powers. This is but the latest way that Trump’s aberrant behavior is prompting reactions that undermine long-standing norms.