The trade war has started; its intensity is accelerating, and it will not end anytime soon. As the U.S. government’s actions advance, so too do our trading partners’ retaliatory tariffs and restrictions. Nearly every major sector of the American economy is caught in the cross-fire. Businesses, however, are not helpless. They have access to a trusted tool available whenever the government overreaches: the U.S. Courts.

Many businesses think domestic trade litigation is futile. Indeed, the cases that receive media attention often fail. In those cases, the plaintiffs claim the very laws from which federal officials derive their authority are unconstitutional. But, as seen earlier this year in Severstal Export GMBH v. United States, courts are leery of striking down long-standing laws—on trade or any other issue.

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