CWR > Volume 6(2); 2020 > Prof. Malawer's US-China Trade Commentary
Research Paper
Published online: September 1, 2020

Trump, Recent Court Cases and the 2020 Presidential Election

Stuart S. Malawer
George Mason University
3351 Fairfax Dr., MS 3B1, Arlington, Virginia 22201 USA.
Corresponding Author:

ⓒ Copyright YIJUN Institute of International Law. This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License ( which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.


In this essay, the author will discuss recent United States Supreme Court cases as well as international trade cases decided this year by the specialized international trade courts in the United States. Let me then discuss recent U.S. trade action concerning China and put this in the context of President Trump’s generalized approach to China and international trade. This article will conclude with a few observations pertaining to the upcoming presidential election in the United States. The. Supreme Court recently ruled on two highly politicized and historic cases on executive power. What has been almost totally overlooked is an international trade decision by a three-judge panel of the United States Court of International Trade. That case and earlier trade cases indicate the start of a multifaceted attempt to restrict the president’s trade policies. Either the 2020 presidential election will put a stop to President Trump’s reliance on national security to establish disastrous trade policies, or the country will be in this mess for years to come.

Keywords : Section 232, National Security, Trade and National Emergencies, US Court of International Trade, 2020 Presidential Elections, John Bolton, TikTok, WeChat, CFIUS, Huawei.

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