Learning Resources, Inc. v. Trump · ¶190

The question that part asks, similar to the one posed in other “ `major questions' cases,” is whether the President can identify “clear congressional authorization” for his action— here, to impose tariffs under IEEPA. Ante, at 242, 248, 255. The demand is for a clear statement—something more explicit or specific than the statutory basis that would ordinarily suffce to support executive action. See, e. g., West Virginia v. EPA, 597 U. S. 697, 721–724, 732 (2022); Biden v. Nebraska, 600 U. S. 477, 505–506 (2023). The reason for that requirement, according to today's opinion, is that the Executive has claimed an “extraordinary” power—one never asserted before and having large-scale “economic and political significance.” Ante, at 242, 246; see ante, at 242–246.

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