On March 25, 2019, the US Court of International Trade (CIT) denied Plaintiffs’ motion for summary judgment seeking a declaration that section 232 of the Trade Expansion Act of 1962 contains an impermissible delegation of legislative authority and granted Defendants’ motion for judgment on the pleadings in American Institute for International Steel, Inc., et al v. United States et al, Court No. 18-00152, Slip. Op. 19-37 (Ct. Intl. Trade, March 25, 2019). Judges Claire R. Kelly and Jennifer Choe-Groves wrote the opinion upholding the constitutionality of Sec. 232’s delegation to the President, concluding in part that the CIT is bound by the US Supreme Court’s decision in Energy Admin. v. Algonquin SNG, Inc., 426 U.S. 548 (1976). Judge Gary S., Katzmann wrote a separate “dubitante” opinion – an opinion where a judge considers himself or herself to be constrained or bound by precedent, but wishes to suggest an alternative view.