Chinese tech giant Huawei is challenging the constitutionality of a U.S. law that bans government agencies from buying the company’s equipment. Huawei is currently the No. 2 maker of smartphones and the biggest global maker of network equipment. Huawei’s legal team is arguing that Congress is unconstitutionally acting as a judiciary by including the ban in the law.
The company is alleging that Section 889 of the National Defense Authorization Act (NDAA) is unconstitutional because it explicitly names Huawei and rival ZTE as companies that government agencies are prohibited from procuring telecommunications equipment from. It says the law punishes them without due process, which is forbidden by the U.S. Constitution. The tech giant is seeking to get that section of the law thrown out, which would not affect the rest of the legislation.
Huawei is now filing a “motion for summary judgement” in its legal case against the U.S. government in the Eastern District of Texas court in a bid to expedite the process. The motion requests that the court rule in Huawei’s favor as a matter of law. If the court rules in Huawei favor, there will be no need for a full-blown trial. It could take several months to get a decision on the motion.
Washington says Huawei constitutes a potential security risk, and several major governments, including Japan and Australia, have agreed. All three countries have effectively blocked the telecommunications equipment maker from providing hardware for 5G development. The company has also been blacklisted in the U.S., meaning that American firms will need to get a license from the government to sell or transfer technology to the company.