Learning Resources, Inc. v. Trump · ¶198

I agree with the Court's conclusion that the International Emergency Economic Powers Act (IEEPA) does not provide the President with the power to tariff. Three of my colleagues have reached this result via the major questions doctrine, see ante, at 242–248 (opinion of Roberts, C. J.)—a framing that asks, in essence, whether Congress “would likely have intended” to delegate the authority to tariff to the President through IEEPA. West Virginia v. EPA, 597 U. S. 697, 730 (2022) (emphasis added); see also id., at 722– 723. While probing Congress's intent is the right inquiry, my colleagues speculate needlessly. In my view, the Court can, and should, consult a statute's legislative history to determine what Congress actually intended the statute to do.

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