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Keywords

defendantstatuteappealmotionjudicial review
defendantstatuteappealmotionpatentjudicial review

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Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 106 S.Ct. 1348, 89 L.Ed.2d 538, 7 ITRD 2057, 54 USLW 4319, 1986-1 Trade Cases P 67,004, 4 Fed.R.Serv.3d 368
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Motions Systems Corp. v. Bush, 437 F.3d 1356, 27 ITRD 2121

Facts

Motion Systems Corp. filed a petition with the United States International Trade Commission (ITC) alleging that increased imports of Chinese pedestal actuators were causing market disruption. The ITC found in favor of Motion Systems and recommended import relief. However, the President decided against granting relief, stating it was not in the national economic interest. Motion Systems then filed suit against the President and the Trade Representative, claiming the denial of relief was beyond the President's statutory authority.

Motion Systems requested reconsideration of the President's determination, which the President denied.

Issue

Whether the President's discretionary decision to deny import relief under section 421 of the U.S.-China Relations Act of 2000 is subject to judicial review.

No right of judicial review exists to challenge the acts of either the President or the Trade Representative in this case.

Rule

The President's actions under section 421 are not subject to judicial review when the statute commits the decision to the discretion of the President.

The President's method of solving the problem was open to scrutiny neither by the Court of Customs and Patent Appeals nor by us.

Analysis

The court determined that the President's decision was discretionary and thus insulated from judicial review. It referenced previous cases that established the principle that discretionary actions by the President, even when challenged as exceeding statutory authority, are not reviewable if the statute grants the President broad discretion.

Here, there is no colorable claim that the President exceeded his statutory authority.

Conclusion

The Court of Appeals affirmed the judgment of the Court of International Trade, concluding that no judicial review was available for the President's discretionary actions and that the Trade Representative's recommendations were not final actions.

We therefore affirm the judgment of the Court of International Trade in favor of both defendants.

Who won?

The defendants, President George W. Bush and the United States Trade Representative, prevailed because the court found that the President's decision was discretionary and not subject to judicial review.

The President's actions cannot be challenged because judicial review is unavailable when a statute allegedly violated itself commits a decision to the discretion of the President.

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