Learning Resources, Inc. v. Trump · ¶135

First, is the President seeking to exercise an “unheralded” or “newfound” power based on a “long-extant” statute? Post, at 366 (internal quotation marks omitted). The dissent insists that is not the case here because President Nixon imposed a 10 percent tariff on most imports in 1971, and then defended that action in lower courts under a predecessor to IEEPA, the Trading with the Enemy Act (TWEA). Post, 367. But the words “regulate . . . importation” were added to TWEA in 1941. § 301(1)(B), 55 Stat. 839. Congress used the same language in IEEPA in 1977. § 203(a)(1)(B), 91 Stat. 1626. And in the 85 years of TWEA's existence with that language (and the 49 years of IEEPA's), that is the only time either statute has been invoked to impose tariffs. Ante, at 245–246, 252–253. A single time, and one never tested in this Court. Nor are these statutes seldom used. “Each year since 1990,…

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