U.S. Supreme Court, SEC v. Jarkesy, Docket No. 22-859

Tariffs

 

Customs

 

Import

 

Unfair Competition

 

Article III of the Constitution

 

 

 

In Ex parte Bakelite Corp., we upheld a law authorizing the President to impose tariffs on goods imported by “unfair methods of competition.” 279 U. S. 438, 446 (1929). The law permitted him to set whatever tariff was necessary, subject to a statutory cap, to produce fair competition. If the President was “satisfied the unfairness was extreme,” the law even authorized him to “exclude” foreign goods entirely. Ibid. Because the political branches had traditionally held exclusive power over this field and had exercised it, we explained that the assessment of tariffs did not implicate Article III. Id., at 458, 460–461.

 

 

 

(U.S. Supreme Court, June 27, 2024, SEC v. Jarkesy, Docket No. 22-859, C.J. Roberts)