# Our Amicus Brief in Case Challenging Trump’s Section 338 Tariffs Against Canada

- URL: https://talkfuse.com/story/our-amicus-brief-in-case-challenging-trumps-section-338-tariffs-against-canada/
- Published: 2026-11-14T15:45:43+00:00
- Updated: 2026-11-14T16:24:55+00:00
- Original publisher: Reason (publisher lean: Right)
- Original article: https://reason.com/volokh/2026/11/14/our-amicus-brief-in-case-challenging-trumps-section-338-tariffs-against-canada/
- Topics: Americas, Politics, World

## Key points

- Cato has challenged the 50% tariffs on Canadian imports.
- The brief argues Section 338 does not authorise the duties.
- The court is asked to consider limits on presidential tariff powers.

## Summary

The Cato Institute and a legal scholar have filed an amicus brief challenging the Trump administration’s 50% tariffs on Canadian imports under Section 338 of the Tariff Act of 1930. The brief asks the US Court of International Trade to strike down the duties, arguing that the law does not authorise them and that the case raises important limits on presidential power.

The brief says Section 338 tariffs must respond to discriminatory foreign trade restrictions and offset those barriers, conditions it argues are not met; it also contends that later laws have superseded the provision. It invokes the major questions doctrine, which requires clear congressional authorisation for decisions of major economic significance, and the nondelegation doctrine, arguing that a 50% ceiling does not provide adequate limits. The case, Gellert Global Corp. v. Trump, is described as the first challenge to these Canada tariffs.

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Summarised by TalkFuse (https://talkfuse.com/). Quote the original publisher for the reporting and link this page for the summary and discussion.