Learning Resources, Inc. v. Trump · ¶308

The Court tries to dodge the force of the Nixon tariffs by observing that one appeals court's interpretation of “regulate . . . importation” to uphold President Nixon's tariffs does not suffce to describe that interpretation as “well-settled” when IEEPA was enacted in 1977. Ante, at 252–253. Fair enough. But that is not the right question. The question is what Members of Congress and the public would have understood “regulate . . . importation” to mean when Congress enacted IEEPA in 1977. See New Prime Inc. v. Oliveira, 586 U. S. 105, 113 (2019). Given the significant and well- known Nixon tariffs, it is entirely implausible to think that Congress's 1977 re-enactment of the phrase “regulate . . . importation” in IEEPA was somehow meant or understood to exclude tariffs.

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