"Judicial Outsourcing?" Big Lumber’s Challenge to NAFTA Panels Heads to D.C. Circuit

Big Lumber has filed a brief in the U.S. Court of Appeals for the D.C. Circuit further elaborating its attack on the constitutionality of part of the NAFTA review process (which I described briefly here). Their brief is not yet available online (UPDATE: the brief can be accessed here. Thanks to reader Simon Lester for the pointer). I do have to give their PR guys lots of credit for coining the term “judicial outsourcing” to describe the allocation of certain powers to NAFTA tribunals. I wish I had thought of that. That captures very much the political dimension of their case, although I am not yet sure what I think of their legal arguments.