Learning Resources, Inc. v. Trump · ¶203

With this evidence of Congress's objective, interpreting the text of IEEPA becomes an easy task. Each of the listed verbs—“investigate, block during the pendency of an investigation, regulate, direct and compel, nullify, void, prevent or prohibit,” 50 U. S. C. § 1702(a)(1)(B)—provides a means by which the President can freeze or control foreign property transactions. See ante, at 307–308, and n. 2 (opinion of Kagan, J.). Tariffs are different in kind. They are a tax on imports; a means of generating revenue from transactions between private parties. See ante, at 240–241 (majority opinion). Because tariffs are not a means by which the President can freeze or control foreign assets, interpreting IEEPA to authorize tariffs would require the Court to override Congress's expressed purpose for including the “regulate . . . importation” language in the statute.

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