Learning Resources, Inc. v. Trump · ¶306

Two years later in 1977, when Congress divided TWEA into two, Congress retained that same “regulate . . . importation” language in both laws—in TWEA for wartime and in IEEPA for peacetime national emergencies. In doing so, Members of Congress were plainly aware—after all, how could they not be—that the “regulate . . . importation” language had recently been invoked by the President and interpreted by the courts to encompass tariffs. Indeed, the House Committee Report noted that the relevant “regulate . . . importation” provision in TWEA “came into play when, on August 15, 1971, President Nixon declared a national emergency with respect to the balance-of-payments crisis and under that emergency imposed a surcharge on imports.” H. R. Rep. No. 95–459, p. 5 (1977). The Report further referenced the appeals court's holding in Yoshida that TWEA “authorized imposition of duties” because of…

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