Fed. Circ. Leaves High Bar For Constitutional Trade Fights

By Alex Lawson (March 16, 2015, 6:43 PM EDT) -- The Federal Circuit turned away the second constitutional challenge to a controversial trade law in less than a year on Friday, a development experts view not only as an affirmation of the targeted statute but also as a firm endorsement of the government's right to provide U.S. companies with relief from unfair trade practices.

With a unanimous opinion, the panel ruled that a 2012 law affirming the U.S. Department of Commerce's ability to apply countervailing duties on imports from nonmarket economies like China did not violate the U.S. Constitution's Due Process Clause even though it applied the duties retroactively.

At its...

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