National Law Journal Publishes Akin Gump Article on Trump Administration’s Use of International Emergency Economic Powers Act
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Akin Gump international trade partner Thomas McCarthy and litigation partner James Tysse and senior counsel Caroline Wolverton have written the article “Challenging Executive Actions Under the International Emergency Economic Powers Act,” which was published by The National Law Journal.
The article examines possible challenges to the Trump administration’s use of the International Emergency Economic Powers Act (IEEPA). The law, the authors write, gives the president authority “to undertake a wide range of actions in response to ‘any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States,’ but only if the president first declares a national emergency with regard to that threat.”
McCarthy, Tysse and Wolverton note that there are “legislative and judicial avenues for affected parties to address executive branch overreach that purports to draw on IEEPA’s authority.” Among them, a requirement that the president consult Congress before exercising authority under the IEEPA and requiring that Congress be provided “with reports explaining, among other things, the reason that the president believes action based on the IEEPA is necessary to deal with an unusual and extraordinary threat.”
The authors warn of possible unintended consequences of the act that should be carefully considered by both the Trump administration and Congress, as it is possible that “presidential action could establish a new and complex regulatory scheme that overlaps with existing laws, giving rise to inefficiencies within government and the regulated community.”
To read the full article, please click here.
McCarthy and fellow partner Hal Shapiro wrote an article in 2016 (click here) for The National Law Journal on whether then-candidate Donald Trump might use the IEEPA to advance his economic agenda.
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