Rubio moves to shield cross-border commerce issues from litigation

Secretary of State Marco Rubio is claiming that all federal actions on immigration and cross-border commerce are exempt from the Administrative Procedure Act’s judicial review and rulemaking standards because they are “foreign affairs” matters, a move two trade lawyers say could lead to litigation if applied to trade policy. In a memo published in the March 14 Federal Register -- despite being dated Feb. 21 -- Rubio broadly invokes provisions in the APA that say its requirements for both formal...