The President’s Ability To Block US Business From China

Law360 (August 26, 2019, 11:28 AM EDT) -- In the escalating U.S. trade war with China, the president on Friday night asserted that he has the ”absolute right” under the International Economic Emergency Powers Act to order U.S. companies to leave China.

Putting aside the important overarching policy question of whether it would make any sense for the United States to adopt this policy of U.S. business disengagement with China — which has every appearance of initiating a circular firing squad, there is little doubt that this sweeping claim of authority is technically incorrect.

However, much of the immediate commentary on this issue is misleading. Yes, it is true that...

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