Learning Resources, Inc. v. Trump · ¶207

I join Justice Kavanaugh's principal dissent in full. As he explains, the Court's decision today cannot be justified as a matter of statutory interpretation. Congress authorized the President to “regulate . . . importation.” 50 U. S. C. § 1702(a)(1)(B). Throughout American history, the authority to “regulate importation” has been understood to include the authority to impose duties on imports. Post, at 338–342, 350–357 (Kavanaugh, J., dissenting). The meaning of that phrase was beyond doubt by the time that Congress enacted this statute, shortly after President Nixon's highly publicized duties on imports were upheld based on identical language. Post, at 342–350. The statute that the President relied on therefore authorized him to impose the duties on imports at issue in these cases. Justice Kavanaugh makes clear that the Court errs in concluding otherwise.

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