Thursday, June 13, 2013

Equal Protection Claims Dismissed

My goal here has never been to be a source of breaking news, but it happens occasionally. In this case, I want to let you know that the Court of Appeals for the Federal Circuit has dismissed appeals challenging the constitutionality of separate and unequal tariffs for certain items of apparel.

The decisive utterance of the opinion is:

Neither Rack Room nor Forever 21 has pleaded facts sufficient to make plausible their claim that Congress enacted the relevant provisions of the HTSUS with discriminatory intent, and we therefore affirm the dismissal of their claims [by the Court of International Trade]. Skiz's appeal is dismissed for lack of standing.

A detailed analysis will follow. For now, you can read the opinion here.

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