This is from a recently filed compaint at the U.S. Court of International Trade:
Plaintiffs American Institute for International Steel, Inc. (“AIIS”), Sim-Tex LP (“Sim-Tex”), and Kurt Orban Partners, LLC (“Orban”), by and through their attorneys, hereby submit their complaint in this action seeking a declaratory judgment that section 232 of the Trade Expansion Act of 1962, as amended, 19 U.S.C. § 1862 (“section 232”), is unconstitutional as an improper delegation of legislative power to the President, in violation of Article I, section 1 of the Constitution and the doctrine of separation of powers and the system of checks and balances that the Constitution protects. Plaintiffs also seek an order of this Court enjoining defendants from enforcing the 25% tariff increase for imports of steel products and other trade barriers imposed by Presidential Proclamation 9705 of March 8, 2018 (the “25% tariff increase”), as subsequently amended. ...
...
11. Because section 232 allows the President a virtually unlimited range of options if he concludes, in his unfettered discretion, that imports of an article such as steel threaten to impair the national security, as expansively defined, section 232 lacks the intelligible principle that decisions of the United States Supreme Court have required for a law not to constitute a delegation of legislative authority, which would violate Article I, section 1 of the Constitution.
12. Section 232 also lacks procedural protections that might limit the unbridled discretion that the President has under it. ...
13. Section 232 does not have a provision for judicial review of orders by the President under it, and because the President is not an agency, judicial review is not available under the Administrative Procedure Act, 5 U.S.C. § 706. ...
