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Learning Resources, Inc. v. Trump · ¶323

The Court today tries its best to distinguish Algonquin on the ground that Section 232 included “sweeping” language authorizing the President to take “such action” that “he deems necessary,” whereas IEEPA does not. Ante, at 254. But the Algonquin Court did not rely on that language and instead focused on whether the phrase “adjust the imports” included monetary exactions. See 426 U. S., at 561. Moreover, IEEPA itself broadly authorizes the President to “regulate . . . importation” “by means of instructions, licenses, or otherwise” in order to “deal with” an “unusual and extraordinary” foreign “threat” to the “national security, foreign policy, or economy of the United States.” 50 U. S. C. §§ 1701(a), 1702(a)(1)(B) (emphasis added). That language is similarly expansive, authorizing the President to employ various tools to “regulate . . . importation.” In short, just as the phrase “adjust…
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