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 in the case 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 vitamin C buyers.
Writing for the court, Justice Ruth Bader Ginsburg wrote 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.
The price-fixing case dates back to 2005 when Texas-based Animal Science Products Inc and New Jersey-based The Ranis Co Inc accused Hebei Welcome Pharmaceutical and North China Pharmaceutical Group and other Chinese vitamin C makers of antitrust violations.
China intervened in the case, asking the trial court to dismiss the allegations in part because its laws had forced Chinese companies to comply with government-mandated pricing regimes.
A U.S. federal judge questioned the credibility of the Chinese submissions and, after a 2013 jury trial, awarded the two American companies $147.8 million in damages.
The New York-based 2nd U.S. Circuit Court of Appeals overturned the judgment in 2016, saying that when a foreign government directly participates in a case American courts are obligated to defer to that country’s characterization of its own laws.
The Supreme Court itself did not weigh in on the correct interpretation of Chinese law, but Ginsburg said questions remained over “whether Chinese law required the Chinese sellers’ conduct.”
China and the United States are locked in a simmering trade dispute. President Donald Trump has accused China of unfair trade practices and threatened to impose tariffs on up to $150 billion in Chinese goods over allegations of intellectual property theft. China has warned of retaliation.
Trump introduced his family at his official campaign kickoff — including ‘my late brother Fred, Jr’
President Donald Trump introduced a long-deceased sibling moments after officially announcing his re-election bid during a campaign rally in Orlando, Florida.
"And I am profoundly thankful to my family, I have a great family. Melania, Don, Ivanka, Eric, Tiffany, baron, Lara, Jared, Robert, Marianne, Elizabeth and my late brother, Fred, Jr." Trump said.
Fred, Jr. was Trump's older brother and died of a heart attack almost four decades ago, passing in 1981.
"In a telephone interview last week, Mr. Trump said he had learned by watching his brother how bad choices could drag down even those who seemed destined to rise," The New York Times reported in 2016. Seeing his brother suffering led him to avoid ever trying alcohol or cigarettes, he said."
‘Take a drink every time he says no collusion’: Social media reacts to Trump’s Orlando rally
As President Donald Trump took the stage in Orlando, Florida on Tuesday to officially launch his 2020 campaign for re-election, numerous people all over social media expressed their thoughts on the matter.
Predictably, Trump had his fair share of online supporters cheering him on and wishing him luck defeating the evil liberals and "Floppy Joe" Biden — a new nickname Trump coined that joins the ranks of such other juvenile insults as "Sleepy Joe," "SleepyCreepy Joe," "Crazy Joe Biden," "Swampman Joe Biden," and "1 Percent Joe."
But at the same time, plenty of commentators noted some of the rally's more lacking features — as well as the president's own shortcomings as a leader and as a candidate.
I don’t feel bad for Kyle Kashuv losing Harvard: He gets a glimpse of what it’s like to be black
Kyle Kashuv losing his admission to Harvard is the dose of reality that America needs now.
Public opinion, at least on the internet, appears to be split over Harvard’s decision to disinvite Kashuv from joining its incoming freshman class. Kashuv, 18, rose to prominence as a young conservative star after he survived the Parkland shooting at Marjory Stoneman Douglas High School in 2018. While many of his other classmates used the media attention to advocate for gun control, as they fought to deal with the trauma of seeing their classmates murdered, Kashuv did the opposite, becoming the high school outreach director for the conservative group Turning Point USA, lobbying for more guns in schools, and even meeting President Donald Trump.