Source: POLITICO'S MORNING AGRICULTURE 3/8/19

The Congressional Research Service set out to answer the question everyone in the trade world is asking: whether Trump has the authority to withdraw from NAFTA on his own, without Congress taking supporting action. The answer? Well, it's not clear, Pro Trade's Megan Cassella reports.

Looking solely at international law, it appears Trump would be able to act unilaterally, Congress' research arm found. But it's fairly likely he would run afoul of domestic law — though it's difficult to predict how a court case would be resolved if an affected company pursued litigation.

Trump has threatened to withdraw from NAFTA as a way to pressure Congress to act on the new U.S.-Mexico-Canada Agreement, though aides have recently said there were no immediate plans to back out of the existing deal.

How the Hill plays it: One factor that could increase the likelihood of a court ruling against a withdrawal is if Congress were to signal disapproval of any attempt to terminate the deal. In separation-of-powers cases, CRS said, the Supreme Court typically relies on a precedent that says presidential power fluctuates, and that it's at its lowest when the White House takes an action that is "incompatible with the will of Congress."