Posted on 06/14/2018 3:17:29 PM PDT by mandaladon
WASHINGTON - The U.S. Supreme Court sided with the Trump administration and against China on Thursday on a disputed aspect of their fraught trade relationship, throwing out a lower court ruling that had allowed two Chinese vitamin C makers to escape $148 million in damages for violating American antitrust law.
In a case that brought the trade conflict between the world’s two largest economies before the top U.S. court, the justices ruled 9-0 that the lower court gave too much deference to Chinese government filings explaining China’s regulatory policy.
The justices sent the case back for reconsideration by the New York-based 2nd U.S. Circuit Court of Appeals, which in 2016 threw out the damages won by two American companies that buy vitamin C.
Writing for the court, Justice Ruth Bader Ginsburg said that while U.S. courts should give “respectful consideration” to a foreign government’s interpretation of its own law, they are not “bound to accord conclusive effect to the foreign government’s statements.”
Lawyers for the U.S. and Chinese governments faced off in April before the justices. The Supreme Court took the unusual step of letting China present arguments even though it is not an official party in the case, a privilege typically reserved for the U.S. Justice Department.
Carter Phillips, China’s lawyer in the case, said the ruling means “we live to fight another day.” When the case returns to the lower court, Phillips said, he would show that what the Chinese companies did was “no more than comply with what was required by Chinese law.”
(Excerpt) Read more at reuters.com ...
A 9-0 overturn should mean the lower court judge gets disbarred and flogged in the town square.
9-0 spanking with four Communists chiming in. How can the 2nd Circus Court even bother to show up to work after that rebuke. They are a sad sack of $hit.
The case was important, though, for establishing a precedent:
“The Supreme Court took the unusual step of letting China present arguments even though it is not an official party in the case, a privilege typically reserved for the U.S. Justice Department.”
Generally, when the Supreme Court reverses unanimously the lower court knows it screwed up. The Second Circuit wanted to let China control this case. The Supreme Court rightly slapped down the Second Circuit, reminding it that China does not own the federal judiciary.
What tine do we show up?.
It's more likely a lower court judge will throw out the Supreme Court's ruling.
Has anyone said Happy Birthday Mr. President yet! Go our President Trump and as always praise be to God!
Looks like the DoJ IG stiffed our President on his birthday.
<><>several positive USSC decisions,
<><>Nobel nomination,
<><>jobless at 44 year-low, booming economy,
<><>No/KO summit resounding success,
<><>He's got game.......World Cup.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.