Welcome to Redwin Global Initiative®
Redwin is a research platform dedicated to strengthening national security, trade strategy, and constitutional governance. We examine critical policy questions shaping global markets and provide decision-makers with clear, evidence-based analysis rooted in scholarship and practical insight.
Our work spans emergency powe
ev tariff case
Core Findings of the EV Tariff Case
The EV tariff litigation presents a pivotal constitutional moment. Redwin’s analysis demonstrates how emergency economic powers, critical‑mineral supply chains, and PRC refining dominance intersect to produce a foreign‑origin vulnerability of national‑security significance. Our research maps the factual and doctrinal foundations shaping how courts may evaluate these emergency measures.
Strategic and Constitutional Significance
This case will influence the future of IEEPA, presidential authority, and the judicial limits on national‑security‑based tariffs. Redwin introduces two original frameworks—the Incidental Revenue Doctrine and the Three‑Tier IEEPA Review Model—offering courts a principled way to distinguish legitimate national‑security actions from pretextual, revenue‑driven tariff measures. The outcome will have long‑term impacts on energy security, supply‑chain resilience, and the constitutional separation of powers.
Access the Full Redwin Working Paper
The comprehensive analysis includes:
- PRC dominance in lithium, cobalt, nickel, and graphite refining
- State‑subsidized global battery overcapacity
- U.S. defense‑industrial vulnerabilities linked to foreign supply chains
- Constitutional tests for judicial review of IEEPA actions
- Policy pathways for Roberts, Gorsuch, and Barrett
Download the full working paper and explore Redwin’s ongoing research in national‑security governance and strategic trade policy.
Executive Summary – Redwin Global Initiative®
EXECUTIVE SUMMARY
The EV tariff case is the first major test of presidential emergency powers under the International Emergency Economic Powers Act (IEEPA). The case implicates national-security concerns as well as our country’s overdependence on critical-minerals imports and foreign industrial overcapacity, all of which have remade the geopolitical dynamics of clean-energy supply chains.
Redwin Global Initiative® examines how the People’s Republic of China (PRC) has consolidated control over lithium, cobalt, nickel, and graphite refining; how sustained state subsidies have fueled structural overcapacity in batteries and EVs; and how these vulnerabilities now extend into the U.S. defense-industrial base. These foreign-origin risks form the factual predicate for IEEPA’s “unusual and extraordinary threat” requirement.
The paper introduces two original analytical frameworks—the Incidental Revenue Doctrine and the Three-Tier IEEPA Review Model—designed to help courts distinguish between legitimate national-security measures and revenue-driven or pretextual tariffs. These frameworks provide judges, policymakers, and legal scholars with tools for preserving the constitutional balance between executive power and judicial oversight.
The outcome of this case will influence U.S. national security policy, supply chain resilience, and the future of emergency economic governance. Redwin’s analysis offers a principled pathway for maintaining strong presidential flexibility in true security emergencies while preventing future abuse.
LISTEN TO REDWIN REPORT
Explore the full Redwin policy paper to understand the legal, economic, and national-security implications of the EV tariff case. The complete report provides data-driven evidence, constitutional analysis, and a forward-looking framework for emergency-powers governance.
STRATEGIC & SECURITY INSIGHTS
Key Findings at a Glance
Data Highlights: Supply Chain Vulnerabilities
Why This Case Matters for America
- PRC controls 60–80% of global refining for lithium, cobalt, nickel, and graphite
- State-subsidized overcapacity is flooding global markets
- U.S. defense systems depend on PRC supply chains
- Emergency powers used in unprecedented ways
- Courts need a framework to review IEEPA actions
- Decision will shape national-security governance
Why This Case Matters for America
Data Highlights: Supply Chain Vulnerabilities
Why This Case Matters for America
The EV tariff case is a test of whether the U.S. can secure critical minerals, protect energy and defense supply chains, and define the limits of presidential emergency power. Redwin provides a policy roadmap for balancing flexibility in true emergencies with safeguards against revenue-driven misuse.
Data Highlights: Supply Chain Vulnerabilities
Data Highlights: Supply Chain Vulnerabilities
Data Highlights: Supply Chain Vulnerabilities
- 60.4% of global lithium refining occurs in the PRC
- 76–80% of global refined cobalt controlled by PRC-linked firms
- 98% of battery-ready graphite anodes processed in the PRC
- 70–78% of global cathode manufacturing is China-based
- Battery cell overcapacity is 2.5× global demand
- PRC subsidy support (2016–2023): $284–$393 billion
About the Redwin Policy Series
About the Redwin Policy Series
Data Highlights: Supply Chain Vulnerabilities
The Redwin Policy Series publishes research at the intersection of national security, constitutional governance, and global economic strategy. This EV Tariff Case report is part of Redwin’s ongoing work on emergency powers and supply-chain risk.
About the Author & Institution
About the Redwin Policy Series
About the Author & Institution
Jermaine E. Whiteside is a policy researcher and educator whose work integrates emergency powers analysis, supply chain resilience, and ethical trade. He is the creator of the Incidental Revenue Doctrine and the Three-Tier IEEPA Review Framework. His research centers on how principled governance, transparent markets, and values-based economic systems can advance trade for good and strengthen communities globally
Working Paper — Redwin Global Initiative® Policy Series
This working paper is part of the Redwin Global Initiative® Policy Series and presents independent research on presidential emergency powers, national-security supply chain vulnerabilities, and the EV tariff case. The analysis reflects the author’s scholarly interpretation and does not represent legal advice or the views of any government, political campaign, or external client. No outside funding influenced the research, drafting, or conclusions of this paper.
© 2025 Redwin Global Initiative® — All Rights Reserved. For distribution through SSRN and RedwinMarketing.com.
Inside the Critique: Legal Framework of the EV Tariff Case
WORKING POLICY PAPERS
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