CIT judges wrestle with president’s power to override de minimis ‘privilege’

Three judges on the Court of International Trade spent much of a Thursday hearing in the challenge to President Trump’s order to end de minimis treatment for low-value Chinese shipments questioning both sides about the limits of his authority to set aside statutory “privileges” in declared emergencies, with few signals of how they might answer that critical question. But during their July 10 oral argument session, members of the panel also sharply criticized the Justice Department’s position that any decision...