Learning Resources, Inc. v. Trump · ¶126

Today's decision illustrates the point. The principal opinion gestures at “common sense.” Ante, at 243. But throughout, this “common sense” is linked to “ `constitutional structure' ” and “ `separation of powers principles.' ” Ibid. The principal opinion begins with the Constitution, observing that Article I vests the tariff power in Congress, not the executive branch. Ante, at 240–241. The principal opinion recounts the President's claim that Congress has “delegated” an “extraordinary” amount of its tariff power to him in IEEPA. Ante, at 243–244. And from there, the principal opinion proceeds to apply a clear-statement rule. It acknowledges that the ordinary meaning of the key statutory term in IEEPA—the word “regulate”—is capacious, so much so that it could be understood to “captur[e] much of what a government does.” Ante, at 249. Still, the principal opinion reasons, that is not…

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