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FEDERAL EXPRESS v. UNITED STATES DEP'T OF COMMERCE

No. 20-5337.

39 F.4th 756 (2022)

FEDERAL EXPRESS CORPORATION, Appellant v. UNITED STATES DEPARTMENT OF COMMERCE, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided July 8, 2022.

Attorney(s) appearing for the Case

Eric D. McArthur argued the cause for appellant. With him on the briefs was Chelsea A. Priest .

Daniel Aguilar , Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Brian M. Boynton , Acting Assistant Attorney General at the time the brief was filed, and Sharon Swingle , Attorney.

Circuit Judge Henderson concurs in the judgment.

The Department of Commerce has long regulated the export of items that have sensitive military, national security, intelligence, and foreign policy implications. The Export Controls Act of 2018, Pub. L. No. 115-232, 132 Stat. 2209 (codified as amended at 50 U.S.C. §§ 4801-4826), legislatively confirmed that authority...

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