Learning Resources, Inc. v. Trump · ¶136

Second, how has the executive branch interpreted IEEPA in the past? Post, at 367–368. The dissent says Presidents have long understood IEEPA to permit them to impose tariffs. Ibid. But for support, the dissent again relies on isolated evidence about other statutes. It points to the monetary exactions President Ford ordered under the Trade Expansion Act of 1962. Post, at 345, 368. And, once more, it points to President Nixon's invocation of TWEA to support his 1971 tariffs during lower court proceedings (though the dissent brushes aside the fact that President Nixon initially rejected the idea of relying on TWEA, see Brief for Carla Hills et al. as Amici Curiae 12–14). Whatever one makes of this history, it hardly reveals the kind of contemporaneous and consistent executive interpretation that might advance the dissent's cause. See West Virginia, 597 U. S., at 747 (Gorsuch, J.,…

preliminary print (page proof)
Source edition
Passage preview. Read in context for the complete text, notes and references.