Whether section 232 of the Trade Expansion Act of 1962 unconstitutionally delegates legislative power to the President, violating separation of powers

QUESTIONS PRESENTED This case presents a facial challenge to section 232 of the Trade Expansion Act of 1962, as amended, 19 U.S.C. § 1862, and its use to impose more than $4.5 billion of tariffs on steel products, on the ground that section 232 unconstitutionally delegates legislative power to the President in violation of Article I, Section 1 of the USS. Constitution and the principle of separation of powers. A three-judge panel of the Court of International Trade held that it was bound by this Court’s decision in Federal Energy Administration v. Algonquin SNG, Inc., 426 U.S. 548 (1976), which rejected a statutory challenge to the President’s order under section 232 and an undue delegation argument offered to bolster that challenge. In the ordinary course, an appeal in this case would be heard by a second panel of three judges, this time from the Court of Appeals for the Federal Circuit, who would be presented with the identical question regarding the controlling effect of this Court’s ruling in Algonquin. This petition in advance of judgment seeks to bypass that unnecessary and ultimately inconclusive step. Accordingly, the questions presented are: 1. Did the Court of International Trade erroneously conclude that Algonquin controls the outcome of this action by failing to distinguish this facial delegation challenge to section 232 from this Court’s limited ruling in Algonquin, which considered only whether construing section 232 to permit the President to impose monetary ii exactions would result in an unconstitutionally broad delegation? 2. Is section 232 facially unconstitutional on the ground that it lacks any intelligible principle and therefore constitutes an improper delegation of legislative authority and violates the principles of separation of powers and checks and balances established by the Constitution?