Learning Resources, Inc. v. Trump · ¶322
To be clear, the question here is not what individual Members of Congress might have subjectively intended in 1977. The question is the ordinary meaning and understanding of the words that Congress used. Given that the phrase “adjust the imports”—again, in a statutory provision that did not use specific words such as “tariff ” or “duty”—was unanimously held by this Court in 1976 to include tariffs, and given that President Nixon had similarly relied on his statutory authority to “regulate . . . importation” to impose 10 percent tariffs on virtually all imports from all countries, could a rational citizen or Member of Congress in 1977 have understood “regulate . . . importation” in IEEPA not to encompass tariffs? I think not. Any citizens or Members of Congress in 1977 who somehow thought that the “regulate . . . importation” language in IEEPA excluded tariffs would have had their heads…Read in context ›
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