Brutkey

If the Court is inclined to consider the substance of the letter, there is no basis for its declaration that there is “no substitute” for “the tariffs and deals that President Trump has made.” Even without IEEPA, the President can obtain ex ante authority to enter into trade agreements, see 19 U.S.C. § 4202(a), or submit agreements for congressional approval, including via fast-track procedures, as prior presidents have done, see 19 U.S.C. § 4501 (implementing the U.S.-Mexico-Canada Agreement).
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If the Court is inclined to consider the substance of the letter, there is no basis for its declaration that there is “no substitute” for “the tariffs and deals that President Trump has made.” Even without IEEPA, the President can obtain ex ante authority to enter into trade agreements, see 19 U.S.C. § 4202(a), or submit agreements for congressional approval, including via fast-track procedures, as prior presidents have done, see 19 U.S.C. § 4501 (implementing the U.S.-Mexico-Canada Agreement).
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