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9:25:42 21 Jul, 2018

16 Jul, 2018

Estados Unidos anunció el lunes que apeló a la OMC para impugnar las medidas tomadas por Canadá, China, México, Turquía y la Unión Europea. Foto: Reuters

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The Associated Press es una de las agencias de noticias más importantes en el mundo.

WASHINGTON. - Estados Unidos anunció el lunes que apeló a la Organización Mundial del Comercio (OMC) para impugnar las medidas tomadas por Canadá, China, México, Turquía y la Unión Europea (UE), en represalia a los aranceles impuestos por el presidente Donald Trump al acero y al aluminio.

para impugnar las medidas tomadas por Canadá, China, México, Turquía y la Unión Europea

Washington presentó demandas separadas ante la OMC contra sus principales socios comerciales, cuestionando los aranceles que éstos impusieron a las exportaciones agrícolas y de maquinaria de Estados Unidos en respuesta a las tarifas decididas por Trump hace unos meses.

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Las acciones tomadas por el presidente son totalmente legítimas y plenamente justificadas según las leyes estadounidenses y las reglas de comercio internacional", dijo el representante de Comercio estadounidense (USTR), Robert Lighthizer, citado en un comunicado.

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Smart conversation from the National Constitution Center

Court says administrative law judges subject to Appointments Clause

June 21, 2018 by Scott Bomboy

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A divided Supreme Court said on Thursday that SEC administrative law judges appointed by staffers should be appointed by the President, courts or department heads instead, but it didn’t consider a Justice Department request to clarify the President’s ability to fire any “officer of the United States.”

In the 6-3 ruling in , Justice Elena Kagan said that judges are “Officers of the United States,” subject to the conditions of the Constitution’s Appointments Clause and ordered that petitioner Raymond Lucia should receive a new hearing with a different judge.

The SEC has the legal authority to bring an administrative proceeding against an alleged wrongdoer, Kagan said, with the SEC presiding over the hearing. But in practice, the SEC has other staff members appoint administrative law judges that is considers as employees to conduct the hearings.

The SEC had charged Lucia with violations under the Investment Advisers Act, and it assigned an administrative law judge to adjudicate the case. Lucia appealed a ruling against him to the SEC, arguing the proceeding was invalid because the administrative law judge had not been constitutionally appointed. The SEC disagreed, claiming their judges were not “Officers of the United States” but “mere employees” instead.

Citing precedent, Kagan said the Court’s decision in (1991) found that special trial judges of the United States Tax Court were officers of the United States, and not employees. “ says everything necessary to decide this case,” Kagan said, noting the similarities between the two types of judges.

During arguments, the Justice Department pressed the Court to answer a separate question it didn’t accept from the petitioners’ attorneys about clarifying or expanding the President’s power to directly removed officers of the United States.

“The Government asked us to add a second question presented: whether the statutory restrictions on removing the Commission’s ALJs are constitutional,” Kagan said. “When we granted certiorari, we chose not to take that step. The Government’s merits brief now asks us again to address the removal issue. We once more decline. No court has addressed that question, and we ordinarily await ‘thorough lower court opinions to guide our analysis of the merits.’”

Justice Sonia Sotomayor dissented from the majority opinion, joined by Justice Ruth Bader Ginsburg. “I would hold that Commission ALJs are not officers because they lack final decision-making authority,” Sotomayor said. But Breyer thought the case should be decided on statutory grounds, and that the Court needed to address the Justice Department’s questions about removing officials before ruling on the case on constitutional grounds, as it did.

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