Both the Trump and Biden administrations have defended the action, asserting its alignment with executive authority.
Precedent Favors Presidential Authority
Recent appeals on national security duties have seen the Federal Circuit relying on its established precedent, which generally supports the president’s statutory interpretation. This occurs unless a “clear misconstruction” of the law is evident, showcasing the legal complexities at play.
Despite the gravity of the situation, both the SEIA and the involved companies remained tight-lipped, offering no comments in response to requests as of Tuesday.
Solar Cos Call For Review In Safeguard Case : Legal Eagles in the Arena
In this legal showdown, the government is being represented by Joshua E. Kurland, Brian M. Boynton, Tara K. Hogan, and Patricia M. Mccarthy from the U.S. Department of Justice’s Civil Division. On the opposing side, SEIA is represented by a team from Akin Gump Strauss Hauer & Feld LLP, including Matt Nicely, Julia K. Eppard, Devin S. Sikes, James Edward Tysse, and Daniel Martin Witkowski.
