Leibowitz: The 2023 Supreme Court Term and International Trade Law

The 2023 term continues a series of very eventful Supreme Court sessions. The 2021 Term ending in June 2022 saw the demise of Roe v. Wade and the emergence of the “major questions” doctrine. The 2022 term (ending last June) saw major cases involving election law and public accommodations. This year, three cases could dramatically affect the nature of international trade litigation.

The most far-reaching of these cases may be Loper Bright Enterprises. On its face, the case has nothing to do with international trade. But it squarely calls into question the application of a four-decades-old deferral of federal courts to agency legal interpretations known as the Chevron doctrine.

Lewis Leibowitz

Lewis Leibowitz, owner of the Law Office of Lewis E. Leibowitz, practices in the areas of international trade law, customs law, and international commercial transactions. He represents clients before all federal courts and agencies dealing with international trade matters. Mr. Leibowitz advises and assists clients in diverse matters including trade remedies, customs, foreign-trade zones and free trade agreements, trade negotiations, and related matters. He can be reached at lewis.leibowitz@lellawoffice.com.