Is section 232 facially unconstitutional on the ground that it lacks any boundaries that confine the President's discretion to impose tariffs on imported goods and, therefore, constitutes an improper delegation of legislative authority and a violation of the principle of separation of powers established by the Constitution?

QUESTION PRESENTED This case presents a facial challenge to section 232 of the Trade Expansion Act of 1962, as amended, 19 U.S.C. § 1862, which the President has used to impose to date more than $6.6 billion of tariffs on imported steel products. Petitioners contend 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. Both a three-judge panel of the Court of International Trade and a similar panel of the Federal Circuit held that petitioners’ nondelegation challenge is foreclosed by this Court’s decision in Federal Energy Administration v. Algonquin SNG, Inc., 426 U.S. 548 (1976), which rejected a statutory challenge to a presidential action under section 232 and, in that context, ruled that section 232 did not present a delegation problem. Accordingly, this petition presents the following question: Is section 232 facially unconstitutional on the ground that it lacks any boundaries that confine the President’s discretion to impose tariffs on imported goods and, therefore, constitutes an improper delegation of legislative authority and a violation of the principle of separation of powers established by the Constitution?